An allowance made to an incompetent World War veteran is exempt from levy and sale by virtue of an execution, and from seizure in any legal proceeding. (Civ. Prac. Act, § 667.) Obviously, this would be so if the pension has been received by the veteran, his committee or guardian; otherwise such an exemption can produce no beneficial effect. (Benedict v. Higgins, 165 App. Div. 611; Surace v. Danna, 248 N. Y. 18.)
Order reversed, with ten dollars costs and disbursements, and motion denied.
All concur; present, Lydon, Levy and Callahan, JJ.