Maskell v. Roussel

The defendant is appellant from a judgment which condemns him to pay to the plaintiff, as testamentary executor of the estate of John W. Dough, deceased, the sum of $1500, with ten per cent interest, per annum, on $7500, from the 15th of December, 1841, until paid.

The claim is first resisted on the ground, that the plaintiff is not the testamentary exeeutor of the last will and testament of the deceased, and has no right to administer on the estate. The answer states, further, that the note sued on, was given in part consideration of the price of certain property, consisting in town lots with…