BYER ESTATE

No. 2145 of 1959.

42 Pa. D. & C. 2d 429 (1967)

Byer Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

June 30, 1967.


Attorney(s) appearing for the Case

Harry Silver, for exceptant.

E. C. Shapley Highley, contra.

Before KLEIN, P. J., BOLGER, LEFEVER, SAYLOR, SHOYER and BURKE, JJ.


SHOYER, J., June 30, 1967.

Is an executrix with personal knowledge of a creditor's claim estopped from pleading the statute of limitations where the six-year period for commencing suit terminated some 13 months after decedent's death and before presentation of the claim in writing?

The learned auditing judge held that "her protestations to the claimant that there were no assets in the estate", while not fraudulent, "lulled" claimant "into inaction". This tolled...

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