MATTER OF RILEY


202 Misc. 804 (1952)

In the Matter of The Estate of Carrie L. Riley, Deceased.

Surrogate's Court, Monroe County.

January 15, 1952.


Attorney(s) appearing for the Case

John G. Shaw and Donald R. Harter for William P. Riley, petitioner.

George R. Williams for Security Trust Company of Rochester, as executor of Carrie L. Riley, deceased, respondent.

Grantier Neville, special guardian for Dorothy K. Cruickshank and others, infants, respondents.


WITMER, S.

The court is asked to determine whether the executor may charge against the legacy herein to the petitioner the amounts unpaid on a series of promissory notes made by him to the testatrix, action upon which had been barred by the Statute of Limitations prior to the testatrix' death.

It appears that the first note, in the amount of $1,000, was given by the petitioner and his wife to the testatrix...

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