In re the Judicial Settlement of the Accounts of Kloster

Dykman, J.:

The executors of Joseph Masson appeal from a portion of the decree of the surrogate of Kings county settling their accounts. *375The will gave F. J. Moissen, the respondent, a legacy of $300, Among tbe assets of tbe estate tbe executors found a note made by Moissen to tbe testator for $200.

In an action brought by Moissen against tbe executors for services to tbe deceased, they set up tbe note as a counter-claim and bad a judgment on it amounting, witb costs, to $346.42. Moissen has appealed from the judgment and given security. When the executors accounted they sought to set-off their…