Estate of Thomson

Thomas Thomson during his lifetime had given a contract of guaranty to the Italian American Bank, by which he guaranteed the payment of certain overdue promissory notes, executed by the Hilton Brick Company, a corporation, to and owned by the Italian American Bank. Thomas Thomson died testate, his will was probated, and his estate is in process of administration. After due publication of notice to creditors, the Italian American Bank presented to the executor for allowance its verified claim for the sum of $18,534, with interest, growing out of the above mentioned guaranty. This claim was allowed and approved both by the executor and by the judge. When the executor filed his first annual account showing claims presented and allowed, certain heirs contested the allowance of the claim of the Italian American Bank under written grounds of contest, and a hearing was had. The contest asked that the order of the court approving the claim of the Italian American Bank be vacated and set aside and the claim disallowed. On January 19, 1911, the court of its own motion, after the hearing of evidence, caused to be entered upon its.minutes an order to the effect that “the motion to vacate…