Charlick's Estate

Petition for payment of legacy. The facts appear in the opinion.

Rollins, S.

The petitioner, who is a legatee under decedent’s will, makes application under Code Civ. Pro. § 2717, for a decree directing the executor to pay her legacy. By the express provisions of section 2718, such a petition must be dismissed, if the executor in a . sworn answer denies the validity and. legality of the claim, and alleges facts which support his denial.

The answer which has been interposed in the pres*57ent case alleges that at the time of decedent’s death the legatee was indebted to her in a larger sum than the…