Estate of Keenan
Opinion
lead Opinion
The executor, Wetzlar, was the attorney in fact of Annie Tryon, who held a note against the deceased. The executor, as such attorney in fact, made affidavit' to a claim on behalf of said Annie Tryon, and then as executor allowed the claim, Annie Tryon being absent from the State. He also presented the claim for approval. After such approval he as executor paid to himself as attorney in fact various sums upon the claim, which he remitted to Annie Tryon, and such sums were included in his account heretofore settled.
*187 The executor held a claim against the deceased, which was allowed by a co-executor, but was not presented to the Judge for allowance until after the time for presentation of claims. Various sums were reported in the account as paid to Wetzlar.
Under a special act of the Legislature the executors borrowed a large sum of the Capital Savings Bank, of which the executor Wetzlar was President, and to secure the same executed a mortgage of the real estate of the estate. The money was to be repaid in instalments, interest being computed at one per cent, per month. Some of this money was used to pay upon the above mentioned claims of Tryon and Wetzlar.