Third District.

#### Adelia M. Stickel, appellee, v. Simon A. Niebuhr, executor, appellant.

Claim against executor of a will. Judgment for plaintiff. Appeal from the Circuit Court of Logan county; the Hon. Frank Bindley, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed January 17, 1923.

Rehearing denied April 3, 1923.

Harold F. Trapp and Arthur Keithley, for appellant. Covey & Woods, for appellee.

Mr. Justice Heard

delivered the opinion of the court.