The declaration in this case is in assumpsit and is brought against the estate of Joseph Girard late of Lewiston in the County of Androscoggin. It is brought by the son-in-law of the testator. It is alleged that the testator
At the close of the testimony a motion for a directed verdict was made by the defendant which the presiding justice granted. A number of grounds seem to have justified him in doing so. But one stands out. Exceptions to his ruling were taken which are now before us.
A careful examination of the evidence both oral and documentary does not reveal that the plaintiff as a condition precedent to the maintenance of this action has presented to the executor in writing, or filed in the registry of probate, supported by an affidavit of the claimant, anything at all that resembles the allegations set forth in plaintiff’s declaration. Chapter 152, Section 15, Revised Statutes of 1944.
Exceptions overruled.