3 Dem. Sur. 72 | N.Y. Sur. Ct. | 1885
The decedent, Adam Eisemann, died .on October 29th, 1884. Letters of administration were granted to his widow, Margaret Eisemann, on November 18th, 1884, and were revoked on February 12th, 1885. On February 27th, 1885, Margaret Lyendecker was appointed in her stead.
It appears, from the inventory on file, that the appraisers made an appraisement of the personal property which the decedent left at the time of 'his death
I, therefore, think that, where a decedent leaves a widow or minor children, the appraisers are authorized to set apart the articles specified in chapter 157 of the Laws of 1842, or the sum of $150, and, in addition, the articles specified in chapter 470 of the Laws of 1874, and household furniture to the value of not exceeding $150. In schedule C. of the account, the administratrix credits herself with having paid $50 appraisers’ fees. That I think, under the circumstances, should be reduced to $30. She testified that she had paid the appraisers’ fees to her counsel, but the appraisers testified that they had never
On the day of her appointment, she drew from the savings bank, in which the funds of the decedent were deposited, $2205, and gave the same to her attorneys. It was not required for the use of the estate, except possibly a few dollars to pay for disbursements. I think she should be charged with interest at the rate of four per cent, upon said amount, from the time of its withdrawal from the savings bank to date—that being the rate of interest the same would have earned if permitted to remain in the bank.
In regard to the compensation claimed by the administratrix, she should be allowed commissions at one half the legal rate, for the reason that she has only received the fund, and it can only be paid out by the administratrix subsequently appointed in her stead.