A Treatise on the Limitations of Actions at Law and Suits in Equity; To Which Is Added an Appendix Containing an Abstract of the Statutes of Limitation of the Several States, Brook's Reading Upon the Statute of Henry VIII, Etc

A Treatise on the Limitations of Actions at Law and Suits in Equity; To Which Is Added an Appendix Containing an Abstract of the Statutes of Limitation of the Several States, Brook's Reading Upon the Statute of Henry VIII, Etc

By (author) 

List price: US$13.82

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1829 edition. Excerpt: ... Man. capacity, Who shall be held to answer, unless the same shall be commenced within four years. Mr. C. J. Melleit gave his opinion as follows: "When an estate is not represented insolvent, any creditor, after the lapse of one year, after' the acceptance of the trust, may institute a suit for the recovery of his demand, but he must 'commence it within four years, or he will be barred. If the estate should at any time within the four years be represented insolvent, then the statute bar will be avoided by filing his claim with the commissioners at any time within that period. If an estate is represented insolvent by the executor or administrator immediately on his acceptance of that trust, and only a portion of the eighteen months, which a Judge of Probate may allow to creditors to bring in and prove their claims before the commissioners has in fact been allowed--suppose six months, as in the case before us, ----the creditor must prove his claim within the six months, or obtain the allowance of further time, by applying to the Judge of Probate for that purpose, and filing his claim within the four years. Whether such application only would save his claim from the operation 'of the statute need not be decided in the present case, inasmuch as five years had elapsed between the time when the defendants accepted the trust, and gave notice of it, and the time when the plaintiff petitioned the Judge to open the commission and allow further time to creditors to present and prove their 'A license granted to an administrator to sell steifitgrztn:15" real estate of a deceased to pay a debt, barred by =;';i; fi;'j;f' the statute respecting executors and administrators, w' H is void. Thus, ...show more

Product details

  • Paperback | 142 pages
  • 189 x 246 x 8mm | 268g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236773543
  • 9781236773548