Dayton's Estate

Opinion by

Trexler, J.,

On May 17, 1912, W. E. Dayton, gave to John E. Dayton, a note under seal for $1,000, bearing interest at four per cent, payable at the Citizens Trust Company of Clarion, Pa., containing the usual words “without defalcation, value received, waiving inquisition, exemption, appeals, demand, etc.,” and empowering the entry of judgment.

'This note was presented by John E. Dayton to the executors of the estate of W. E. Dayton and in the hearing before the auditor, John E. Dayton testified, and the auditor finds, that the note was given by the decedent to the plaintiff “to…