Estate of Selby

1—This is an application for the payment of interest upon the claims presented respectively by the following named persons:

It cannot be successfully claimed that the allowance by the executors and the Judge constitute a judgment. The claim is not then placed beyond criticism; is not binding upon the heir. Hot until the proceedings detailed in Secs. 1647 and 1649, C. C. P., viz: the reporting of its allowance, the settlement of the account, and the order for-its payment, does it lose the character of a claim, and take on the phase of a judgment. Hot till then can the claimant enforce payment, or have any process; not till then has it been ascertained and determined luhat are the debts of the deceased; not till then has the heir had any voice in the matter.

The action theretofore had, viz: allowance and approval, has been without any notice to the heir. According to Sec. 1920, C. C., a judgment, to bear interest as such, must be a *126 judgment “recovered in the courts of this State.” The action of a Judge, in approving the allowance of a claim, is not a judgment rendered by a Court.

2— The allowance and approval do not constitute a settlement of accounts, within the meaning of…