Brown's Estate

Klein, J.,

Exceptions were taken to the dismissal by the auditing judge of a claim for balance of rent alleged to be due by the decedent under an oral lease of real estate.

To fix the amount due him, claimant produced two witnesses, both of whom testified that they had no personal knowledge of the amount owing, but relied solely for their information upon entries made by the claimant in a small memorandum book, designated by them as “the rent book”. The witnesses did not testify that this book was kept in the regular routine of claimant’s business. On the contrary, they stated that the…