Campion v. Schinnick

Cassoday, 0. J.

Mary Canty died, testate, in September, 1891, something over four years after the death of her husband. Her will was admitted to probate, and the defendant thereupon qualified as executor. The plaintiff presented to the county court, for allowance against the estate of Mary Canty, an instrument in writing, in the words and figures following, to wit:

“ Appleton, Mch. 17th, ’90.

“ Due James Campion one thousand dollars on demand.

her “Mary X Canty.”

The county court disallowed the claim September 20, 1892. Thereupon the plaintiff appealed to the circuit court; and, upon issue joined…