
    Mary Perry vs. Patrick Feeney, Ex’r.
    No. 61053.
    March 21, 1929.
    For plaintiff: Curran, Hart, Gainer & Carr.
    For defendant: Peter H. McKiernan,
   BLODGETT, J.

Heard upon motion of defendant for a new trial after verdict of a jury for plaintiff for $1,600.

Action against executor for services to deceased testator and to Mrs. Bushnell, deceased wife of testator.

The defence was that deceased was a man who always paid his bills when same were due, and that deceased, when sick in a hospital, declared he owed nobody anything and that from time to time money had been paid plaintiff.

This defence is familiar under the present statute relative to statements of a .deceased person during his lifetime, but is negative testimony opposed to positive by plaintiff and her witnesses.

Motion denied.  