William Schwarz, appellee, v. Sarah A. Rebhan, executrix of the estate of Edward L. Rebhan, deceased, appellant.

Heard in this court at the October term; 1931.

Opinion filed February 29, 1932.

Rehearing denied March 30, 1932.

W. E. Knowles, for appellant. P. O. Otwell, for appellee.

Mr. Justice Edwards

delivered the opinion of the court.