Brown

On the sixteenth day of December, 1909, the plaintiff presented to the defendant, as the executor of the estate of Elizabeth M. Haffner, deceased, a claim for the sum of $1,200 for the support, maintenance and education of one Alphia W. Mitchell, the minor adopted daughter of the de ceased, for the period of four years, from the twentieth day of September, 1905, at the monthly rate of $25.

On the twenty-third day of December, 1909, the defendant rejected said claim, and thereupon the plaintiff instituted this action to recover upon the same.

This appeal is from the judgment entered upon an order granting a nonsuit on the motion of the defendant and from the order denying plaintiff a new trial.

The facts are, briefly, these: Daisy Mitchell was the granddaughter of the. deceased and the mother of Alphia W. Mitchell by her first husband, Walter Mitchell. Daisy Mitchell was divorced from Walter Mitchell and thereafter the former went to the home of the deceased and there lived a considerable portion of the time until the date of her marriage to plaintiff (also Mitchell by name), on the ninth day of September, 1905. On the twenty-eighth day of March, 1905, and subsequently to the…