In re the Judicial Settlement of the Account of Proceedings of Vaughan

Majority

p. 792

In the Matter of the Judicial Settlement of the Account of Proceedings of Bridget Vaughan, as Executrix, etc., of Susan Vaughan, Deceased. Catherine Dugro, Appellant; Bridget Vaughan, as Executrix, etc., Respondent. Walter F. O’Malley, Special Guardian for Patrick Vaughan, Jr., Respondent.

Order and decree so far as appealed from affirmed, with costs to the executrix, respondent. No opinion. Present-—-Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.; Merrell, J., dissents and votes for modification on the ground that, irrespective of the claimant’s failure to make claim for the four weeks’ service, in justice she should be allowed that sum.