Hayes

This action was brought to foreclose a mortgage executed by Edward Hayes and Richard V. Hayes to secure payment of a promissory note made by them to the plaintiff. The note was for three thousand dollars, bearing interest at the rate of twelve per cent per annum compounding quarterly, and was dated December 20, 1887, arid payable March 20, 1888. The mortgage was executed April 3, 1883.

Edward Hayes died testate on February 4,1889. His will was duly admitted to probate, and Richard V. Hayes and Edward Dougherty were appointed and duly qualified as administrators of the estate with the will annexed.

Notice to creditors was duly published, and, within the time limited in the notice, the plaintiff presented to *78 the administrators for allowance its claim based on said note and mortgage, and the same was allowed and approved by them, and by the judge of the court, and filed in the court among the acknowledged debts of the estate.

The action is based on said claim and was commenced April 26, 1892. The defendants are the two administrators and the widow and children of the decedent.

The administrators and the other defendants answered separately. The answer of the administrators…