Corrigan v. O'REILLY

This bill in equity was brought by one executor under a will to obtain payment from his co-executor of a balance due on a promissory note executed and delivered by the latter to the testator during his lifetime. After a hearing in the superior court on bill, answer and evidence, a decree was entered ordering payment by the respondent to the estate of the balance of the note, $11,000, and additional interest of $5,227.82, making a total of $16,227.82. From the entry of that decree the respondent has prosecuted his appeal to this court.

The proceeding is in equity solely by virtue of a statute…