In re the Estate of Frommelt

Wingate, S.

Section 208 of the Surrogate’s Court Act, so far as here pertinent, provides that “ if a claim against a deceased person be not presented to the executor or administrator * * *

within seven months from the date of issue of letters, the executor or administrator shall not be chargeable for any assets or moneys that he may have paid in satisfaction of any lawful claims, or of any legacies, or in making distribution to the next of kin before such claim was presented.”

Upon this statutory rule a judicial exception has been grafted to the effect that if the fiduciary had actual knowledge…