In re the Final Judicial Settlement of the Accounts of Humphrey

Hoysradt, S.

Objection has been made to an item in the account of this executor whereby he credits himself with $236 paid September 26, 1906, from the assets of the estate to cancel a mortgage on his own real estate.

*146It has been shown that Mary Jane Humphrey by her will, admitted to probate in this court January 2, 1906, devised to her son, Seymour W. Humphrey, her executor, a farm at Pleasant Valley, N. Y. At the time of her death and, in fact, when the will was executed, there was a mortgage of $200 on this farm which the son claims his mother agreed to pay and he has, before any effort to…