Mellier's Estate

Opinion by

Mr. Justice Maxey,

Etta Mellier, a resident of Connecticut, died on January 27,1933. Four days prior to her death she delivered to the appellant a check bearing date January 21, 1933, in the sum of $5,000. The check was not paid for the reason that there were insufficient funds to meet it. At the audit of the account of the ancillary executor before the judge of the Orphans’ Court of Philadelphia County, a claim was made upon the check. The check was presented in evidence, and the auditing judge ruled that the burden of proof was upon the claimant to prove its consideration.

The…