Opinion
March, 1933.
Appeal from Surrogate's Court of New York county.
Present — Finch, P.J., Martin, O'Malley, Sherman and Townley, JJ.; Sherman, J., dissents.
Decree affirmed, with costs to respondents Capital Lunch System and Frances H. Reed, as administratrix, etc. No opinion.
The decree of the surrogate surcharging the administratrix should, in our opinion, be modified by eliminating therefrom all except the amount required to defray the funeral and administration expenses. The widow of the deceased soldier is entitled to hold (to the exclusion of his creditors) the remainder of the proceeds of the "Adjusted Service Certificate" which had been paid by the United States Veterans' Bureau. ( Jones v. Price, 107 W. Va. 55; 146 S.E. 890.)