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Royce v. Pease

225 A.D. 841 Court N.Y. App. Div. English

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p. 841
Sophia Royce, Respondent, v. Elsie H. Pease, Individually and as Executrix, etc., of Austin Pease, Deceased, Appellant, Impleaded with Others.

Judgment modified by requiring that the defendant, Elsie H. Pease, as executrix, pay to herself for her support and maintenance the sum of $60 per month instead of $100 per month, from March 1, 1925, less such sum as she has already received from said estate therefor; and that said defendant, as executrix, pay to Sophia Royce the sum of $769.45, with interest thereon from June 24, 1926, and the further sum of $60 per month instead of $100 per month, for her support and maintenance, from the 24th day of June, 1926; and as so modified the judgment is affirmed, with costs to the respondent payable out of the estate; on the ground that the interests of justice require it, inasmuch as the estate is small and would be exhausted by a larger allowance during the probable lives of the beneficiaries. Van Kirk, P. J., Hinman, Davis, Whitmyer and Hill, JJ., concur.