In re the Estate of Rowland

Sadler, S.

Nina Fellows Braun has filed a claim for $163 in this estate, which has been allowed by the executrix as a valid claim. The claim is for wages as a domestic. The estate is insolvent, and the claimant alleges that said claim should be allowed and paid prior to the claims of general creditors and judgment creditors.

The appellate courts have not ruled directly upon the question, and the decisions of the lower courts are conflicting.

The following cases hold that a wage claimant is not entitled to a preference: Matter of Bawer (137 Misc. 646); Matter of Paine (140 id. 928); Matter of…