In re the Estate of Daufkirch

Hetherington, S.

The petitioner, claiming to be a “ creditor of the estate ” of the decedent, seeks to compel her executor to account and pay its alleged claim based upon a judgment recovered by it in the Supreme Court against “ John Philip Daufkirch, as Executor under the Last Will and Testament of Magdalena Daufkirch, Deceased,” for $2,195.42 on March 23, 1932/ The decedent’s will was admitted to probate and letters testamentary *397issued on April 1, 1927. On or about January 14, 1928, a written agreement was entered into between the petitioner, as mortgagee, and “ John Philip Daufkirch, as…