Peculiar Case In Probate Court

During the life time of Caroline D. Foster, of Scio, she loaned Dr. Edwin S. Suerrill, of Detroit, considerable money on his personal notes. When she died her will made him executor of her estate. He filed an inventory of $4,183.90 of "bills receivable representing money invested."

Since taking charge of the estate he has paid on legacies which were conveyed by the will the sum of $1,888.08.

The contention of the residuary legatees who reside in Cleveland, is that the unpaid balance should be considered as cash.

In his final account, which was filed yesterday Dr. Sherrill states that the balance due to the estate on his own personal notes is $3,182.25, but he says that he is unable to pay the entire principal and interest.

Attorney Randall, who represented the Cleveland parties, claimed that the notes of an executor are to be considered as so much cash on hand and on the holding that this is the law, the residuary legatees will get their money as there is a sureyt company on Dr. Sherrill's bonds.