Estate of Bleakley

Testator died; J. B. Gregory presented his claim March 23, 1876, duly verified. The body of the claim reads as follows:

March 23, 1876, the executor allowed the claim at $5,294, which was approved.

The following is endorsed on the claim:

The claimant moves the Court that the executor be ordered to pay the amount allowed, with interest from date of allowance.

The endorsement on the claim must be treated as a waiver of all claims and demands beyond the sum of $5,294. It may not be necessary that a claim shall state that interest to accrue will be charged; but the claim for interest is a demand, and as such was waived. It is apparent, also, that the claimant intended to waive interest from the fact that in the claim interest was- computed only to May 20, 1875, which ivas ten months prior to the presentation. Besides, too, we are not advised but the interest as claimed was allowed in full, and the deductions made on the principal; if so, interest would not bear interest.

Application for payment of interest denied.