In re the Estate of Isensee

Claimants appeal from a decree of the Surrogate’s Court which disallowed their claims as unenforcible under the applicable Statutes of Limitations. They also appeal from the order on the m'otion for reargument which granted reargument but adhered to the previous decision.

It is undisputed that, in 1942, decedent agreed in writing to pay claimants the aggregate sum of $4,350 for legal and other services rendered in a stockholder’s derivative action. Payment was to be made ‘ ‘ upon the final termination or other disposition ’ ’ of the derivative action or upon the disposal of the decedent’s…