David M. Roe con
adjudged and decreed that said account be and the same is
hereby finally and judicially settled and allowed as filed and ad-
justed     And it further appearing to the Surrogate that said
Executors in paying to said Caroline P. Smith her legacy of one
thousand dollars and interest, total $1,061.33 paid the same by
charging her with the amount of a promissory note dated April
5" 1869 made by her to said deceased for $30000 amounting to
$566.98 and $494 35/100 in money and said Caroline P. Smith having
introduced testimony upon this settlement and claiming that
by reason thereof said note should not be charged against her
and objecting to said account in that respect And after list-
ening to said testimony and the allegations of Counsel
   It is ordered and adjudged that said note is a valid claim
against said Caroline P. Smith and was properly used
by said Executors in the payment of said legacy as aforesaid
     And it further appearing that by said Will said testator
gave the interest of six thousand dollars to his adopted daughter
Katie Roe to be paid to her annually during her natural life
   It is further ordered adjudged and decreed that said Executors
out of said sum of $27,666.84 so remaining in their hands
pay said Katy Roe the sum of $147 being the balance
           interest
of such such sum due her at the date hereof and that said
Executors invest said sum of six thousand dollars according
to law and pay the interest realized annually to said Katy Roe
for and during her natural life - deducting from such interest
any taxes that said Executors may be required to pay upon said
trust-fund also the necessary commission and expenses of said
Executors
      And it is further adjudged and decreed that upon
the death of said Katy Roe said Executors pay over said
principal sum of six thousand dollars to said Joanna
Hoyt and Caroline P. Smith sisters of said deceased, or
in case of their death to their heirs share and share
                   & by 
alike as provided in^said Will
          And it further appearing from said Will
that said testator therein gave his said wife Elizabeth
Roe the interest or income of all the balance of his
personal estate during her natural life and it appear-
ing that no part of said interest has been paid to her 
       It is further adjudged and decreed that out of
said balance of said estate-to wit-the sum of $21.519.84
said Executors pay said Elizabeth Roe the sum of $2,255.88
being the interest upon said balance from the death
of said testator to this date