Field's Estate

Sinkler, J.,

The auditing judge has correctly held that the evidence is insufficient to establish a contract between decedent and the hospital and that the $2,000 paid by decedent to the institution during her lifetime is to be deducted from the legacy given to the hospital.

Objection was made by counsel for the’accountants to the competency as a witness of the salaried secretary of the hospital, and a member of its board of managers. The auditing judge relates that the witness testified subject to objection, but does not explicitly decide the question of his competency. In Deal’s Estate, 321…