Davis

The only question involved in this appeal is the sufficiency of an affidavit to a claim against the estate of the defendant’s intestate. Plaintiff’s testator, prior to his death, had prepared and properly verified a claim against said estate, but having died before its presentation, the plaintiff herein, after her appointment as executrix of his last will and testament, added to the claim that had been so prepared and verified by him her own verification, in the following words, viz.: —

The claim so verified was presented by her to the defendant, and by him rejected. Suit was thereupon brought *605 upon the demand, and at the trial the above-named claim, with the foregoing verification, was admitted in evidence against the objection of the defendant. This ruling of the court is now presented as error.

It is contended by the appellant that the affidavit of the plaintiff, “ that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of said claimant,” is not a sufficient compliance with the statute (Code Civ. Proc., sec. 1494), which requires that the claim must be “ supported by the affidavit of the claimant, or some…