Gibson

This is an appeal from the judgment of the superior court of the state of California, in and for the city and county of San Francisco. The action was upon a rejected claim, which claim was presented to the defendant executrix and which was based upon a promissory note alleged to have been given by Camille Mailhebuau, defendant’s testator, to Adolph B. Spreckels, plaintiffs’ testator.

The amended complaint alleges that the promissory note was for the principal sum of fifteen thousand dollars, and was executed and delivered on the twenty-first day of December, 1922, and that no part of said note has been paid, except the interest up to December 21, 1923. It is- also alleged that Adolph B. Spreckels, the plaintiffs’ testator and the payee named in said promissory note, died on the twenty-eighth day of June, 1924, leaving a last will and testament and appointing the plaintiffs executors; that said will was admitted to probate in the superior court of the city and county of San Francisco; that letters testamentary were issued to plaintiffs and that they duly qualified as such executors. Then follow allegations of the death of Camille Mailhebuau, the appointment of the defendant as…