The petitioner seeks payment of a general legacy of $5,000 bequeathed to him by the will of the testatrix. The executor defends the application upon the ground that the petitioner was indebted to the testatrix for an unpaid principal sum of $5,000 which constitutes a setoff against the legacy.
The fact that the petitioner borrowed the sum of $15,000 from the testatrix and repaid the sum of $10,000 is undisputed. The petitioner...
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