Agricultural Nat. Bank Pittsfield V‪.‬

RUGG, Chief Justice. This is an appeal from the decree of a probate court allowing the first account of the Agricultural National Bank as executor of the will of Giuseppe Faccioli. They are hereafter called respectively the accountant and the testator. The only question argued by the appellant is whether there was error in the allowance of a payment made by the accountant to itself of $2,763.79 on a note on which the accountant asserted the right to hold the testators estate liable to it under a written instrument of guaranty. The trial Judge filed a report of material facts (G.L.[Ter.Ed.] c. 215, § 11) in substance as follows: The instrument of guaranty was dated September 21, 1931, was addressed to the accountant, was signed and sealed by the testator and was in its body of the tenor following: For value received, waiving notice and demand, I guarantee the payment of note or notes of A. B. Hendricks, Jr., amounting to Sixty Six Hundred Ninety Nine (6699.00) dollars, secured by the following collateral --