In re Estate of Hale

By his will the deceased, among other dispositions, left to Mary Hale and Margaret Byan, his sisters, and John Hale, a brother, each a bequest in the nature of a life annuity in the sum- of $50 per month. The will was probated in May, 1893.

In June, 1896, the respondents filed petitions in the court below setting up that said annuities had not been paid; that the estate was in a condition to pay the same, and praying a distribution thereof, and asking that the amounts accrued thereon respectively be ordered paid -at once, and that thereafter the monthly payments be made as they should fall due.

The widow, as administratrix with the will annexed and' as a devisee under the will, and the daughter, as a devisee, and certain creditors of the estate, made opposition to the granting of the petitions, setting up that the estate was largely indebted, and that such distribution could not then be had without detriment to the interests of the estate and injury to the creditors. The petitions were heard together, and the court made findings *127 of fact upon which, it based an order granting the distribution asked. The order directed the administratrix to pay to Mary Hale $2,492.36, to John…