
    C. WALTER BAKER, Executor, v. EARL A. FORSYTHE, Executor
    [No. 39,
    October Term, 1940.]
    
      Decided December 17th, 1490.
    
    The cause was argued before Bond, C. J., Parke, Sloan, Mitchell, Johnson, and Delaplaine, JJ.
    
      C. Walter Baker, for the appellant.
    
      Harold H. Hoffman, with whom was Earl A. Forsythe on the brief, for the appellee.
   Bond, C. J.,

delivered the opinion of the Court.  