PEDIGREE OF THE FAMILY OF AYCINENA.
IN THE SUPREME COURT OF PENNSYLVANIA, EASTERN DISTRICT, of December Term, 1841. No. 12.
A. PERIES, Administrator de bonis non cum testamento annexo, of JAMES YARD,
(Plaintiff in Error.)
v.
MARIANO DE AYCINENA,
Executor of JUAN FERMIN
DE AYCINENA,
(Defendant in Error.)
Writ of Error, to the Dis¬
trict Court for the City and County of Philadel¬
phia.
Dec., 1838. No. 466.
j
Statement of the case by the Defendant in Error, -- and Plaintiff below.
This action was brought by Mariano de Aycinena, execu¬ tor of Juan Fermin de Aycinena, against Mrs. Anne Frelinghuysen, Executrix of James Yard; the executrix died while the suit was pending, and Adolphus Peries, administrator de bonis non with the will annexed of Mr. Yard, was substituted as defendant.
The plaintiff's claim was for money paid and services ren¬ dered by Juan Fermin de Aycinena, for James Yard, in his life time, as his agent, and a small sum paid by Mariano as executor of Juan Fermin.
The declaration contains five counts for money paid and services rendered by Juan Fermin in his life time, and two counts tor money paid and services rendered by Mariano de Aycinena as executor of Juan Fermin after his death. Under the two last counts, the plaintiff recovered two items, of
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$4 50 and $12 62, in all $17 12. These sums were paid for drawing a power of attorney and power of s…