Handbook on the Law of Executors and Administrators

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...later.. 1 Dawson v. Hemelriek, 11 S. E. 31, 33 '. Va. 675. 118 Smith v..Inyo, 'J Mass. 62; Hussey v. Jewett, Id. 100. 1'1 Ripley v. Sampson. 10 Pick. (Mass.) 371; National German-American Bank of St. Paul v. 'i'npiey. 57 N. W. 10135, 56.Iiun.-i'.'t). H Giles '. I)_vson. 1 Starkie. 212: Shepherd v. Young, S Gray (Mass.) 152. 181 ('obb v..iuzzey. 13$ Gray t.iass.) 57. H12 Griswold v. ('handler, Ii.'. ii.-ii'. . 18-'! Shallcross v. Wright, 12 Beav. 5-'.'. 184 Winchcombe v. Bishop ot' Winchester, llob. 167; Robinson v. Gee, 1 'cl. Sr. 254. I8-1 Chapman v. Merritt. 47.io. App. 17!). IN Grimm v. Taylor, 55.'. '.-HT, 96.Iich. 5. 18? id. Deb!-9 Barred by S/umle of Lz'nzi!(zf/mm. Although a debt against the estate of the deceased may have been originally a valid debt of the deceased, yet, if it is barred by the statute of limitations before his death, the executor or administrator must not pay it.' The rule at one time in England, and in some of the United States, was that if the debt was justly due the executor or administrator might waive the statute of limitations, and pay the debt, and be allowed for such payment in his accountfl But the English rule is now changed by statute, and it is there held that if an executor or administrator pa_vs a statute-barred debt after a decree of a court that the debt is barred by the statute, and not recoverable out of the estate, he commits a devastavitfl It was held by an eminent judge, in a Massachusetts case, in regard to the retainer by an administrator of a debt due to him by the deceased, but barred by the statute of limitations, that the administrator was barred by the same statute of limitations as a...