Page:Borden v. State ex rel. Robinson.pdf/5

Rh {|
 * ", Plaintiff,
 * rowspan=3|
 * vs.
 * , Executor &c., of, Defendant.
 * }
 * , Executor &c., of, Defendant.
 * }

On this day came the plaintiff, by Fowler his attorney, and the note filed in this case for allowance on the 15th day of July, A. D. 1841, was considered, and the court having examined the same doth alow unto the said plaintiff against the said defendant as executor as aforesaid the sum of one hundred and ninety dollar, and ten per cent. per annum interest thereon from the 20th day of May, A. D. 1840, until the same shall be paid, and all the costs in and about this suit expended, and that this claim be classed in class number four."

Plaintiff also introduced and read in evidence, against the objection of defendant, and entry made on the record book of said probate court, on the 18th day of November, 1845, at and during the October term of said court in the year 1845, as follows:

On this day came said plaintiff by attorney and files his motion for an order for said executor to pay over to him the amount of an allowance in his favor against the estate of Cynthia Robinson deceased; and said plaintiff shows to the court that heretofore, to-wit: on the 31st day of July, A. D. 1841, he obtained an allowance in this court against the said executor of Cynthia Robinson for the sum of $190, together with interest thereon at the rate of ten per cent. per annum from the 20th day of May, A. D. 1840 until paid: that there has been paid toward the satisfaction of said claim the sum of $127.75, and there is yet remaining unpaid on said claim the sum of $155.66 with interest on said sum from the 23d day of April, 1845, until paid at ten per cent. per annum. And said plaintiff further shows to the court that his said claim was placed in class number four in the order of payment, and that said executor has paid off and