Sullivan

This is an appeal from an order of the superior court in and for the county of Butte modifying an order settling the second annual account of A. H. Crew and F. C. Lusk, trustees under the last will of O. C. Pratt, deceased.

The general facts are stated in Crew v. Pratt, ante, p. 131, this day decided, and need not be repeated here.

On the twenty-sixth day of March, 1895, the court entered an order settling the account of the trustees for the year 1894, which order, among other things, provided that four thousand dollars, which had been paid to Lizzie E. Pratt on account of her annuity under the last will of O. C. Pratt, should be applied as follows: Three thousand seven hundred and fifty dollars thereof for the six months commencing January .1, 1894, and the balance on account of the second semi-annual installment of her annuity for the half year commencing July 1, 1894.

Lizzie E. Pratt came into court on or about April 28, 1895, and filed and served a sworn notice and sworn statement on a motion to amend the order of the court so far as it purported to fix the periods to which the payments should apply, so that the order would read, “said sums aggregating four thousand dollars…