Estate of Wilson

J. N. Sprouse, executor of the last will and testament of Mary Wilson, deceased, presented to the judge in the probate proceeding his individual claim based upon an alleged open book account between himself and decedent, and purporting to show a balance of $5,310.89 owing to the claimant. The judge approved the claim. This ex parte order was later set aside by an ex parte order; thereafter, and upon notice, the second order was set aside. Thereafter the executor filed his first annual account and petition for partial distribution. In this account he listed the alleged claim as a liability of the estate. Certain persons interested in the estate contested this item of the account. When the account came on for hearing the judge, on his own motion, set aside the original order allowing the Sprouse claim, and required the claimant to produce evidence in support of the alleged book account. The only witness produced on that subject was the claimant’s wife, Olive J. Sprouse. A loose-leaf book was produced and identified as a book wherein certain of the pages contained many other items which were not charges against Mary Wilson. The items claimed to be for expenses paid on behalf of Mary…