Watkins v. Madison County Trust & Deposit Co.

(after stating the facts as above). [1-3] When the defendant took over from Hervey E. Eaton’s executrix the bonds and bank account xhich made up the only assets it got, it did so as administrator, and necessarily under claim of title. Immediately thereafter it began to collect the income and to dispose of it, and of part of the principal, in accordance with the will and codicil, and this it continued to do for over nine years before the writ issued. This being an action for conversion, the period of limitation is six years under section 48 of the New York Civil Practice Act, which controls as…