Yeazel v. Yeazel

The appellant Chas. W. Fleming, executor of the estate of Ellen Yeazel, deceased, filed his petition in the probate court of Vermilion county, asking that the amounts owing by two of the beneficiaries under the will be set off against their respective legacies. The plea of the statute of limitations was interposed on behalf of both beneficiaries since each note was payable more than ten years prior to the commencement of the action. The probate court held in favor of the petition but on appeal the circuit court allowed the defense. It is from this latter order that the present appeal is taken.