Nimlet's Estate

Opinion by

Mr. Justice Simpson,

At the audit of the executors’ account in the estate of Mary A. Nimlet, deceased, appellant presented a claim for $7,000 with interest. The auditing judge allowed it; but, on the hearing of exceptions filed by appellees, who are the distributees named in her will, the claim was rejected by the court in banc, the auditing judge dissenting; from the resulting decree of distribution this appeal was taken. The majority opinion seems to rely upon a number of facts alleged to appear in a document which was not offered in evidence, and, if it had been, could not…