Wood

The plaintiff presented a claim against the estate of Seth Cook, deceased, of which the defendant Wood was executor, for the sum of twenty-three thousand five hundred and forty dollars, which on January 15,1890, was allowed by the executor and approved by the judge of the superior court, and filed with the clerk. Thereafter the American Mill and Mining Company, a corporation, offered to the plaintiff to assume •the said indebtedness of said estate, and to execute its promissory note therefor to the plaintiff, payable sixty days after date, and, on October 1, 1890, the board of directors of the plaintiff passed a resolution accepting the said proposition, and authorizing its president and secretary, upon the receipt of said promissory note, to execute to the aforesaid executor a release and satisfaction of its claim against the estate of Cook. After the passage of this resolution the executor presented to the *485 superior court his petition, setting forth the said agreement, and asking for an order allowing him to sell and deliver to the said corporation certain property belonging to the estate of Cook, upon the consideration that it would assume the payment of the plaintiff’s…