Sears's Estate

Gest, J.,

All of the relevant facts appear very fully in the adjudication, so that we need not repeat them; and as we concur with the auditing judge in his conclusions, both of fact and law, we shall merely advert to a few of the matters discussed at the argument.

The instrument upon which the claim was brought was under seal, and this is frequently, but inaccurately, said to import a consideration for the contract. In reality the covenant under seal is a formal contract and binding on the covenantor irrespective of the doctrine of consideration. The instrument is not evidence of the…