Timothy Kennedy v. Thomas M. Kennedy, Jr.

MAXWELL, J.,

for the Court:

¶ 1. The executor of an estate has the right to recover any debt owed to the testator before he died. But the executor must do so within the applicable statute of limitations, which is not tolled by the testator’s death. Here, Thomas Kennedy Jr., as executor of his father Thomas Kennedy Sr.’s estate, sought repayment of a series of loans Thomas Sr. had made to his son Timothy Kennedy, Thomas Jr.’s brother. But by the time Thomas Jr. asserted the estate’s claim to repayment in the motion for first and final accounting and to close the estate, the statute of…