In re O'Donnell

Wingate, S.

The claimant’s right to enforce payment of his claim, if found to be valid, by a resort to the sale of decedent’s lands is not barred by the Statute of Limitations. The petition in the involuntary accounting proceeding prayed that the executor be required to show cause why he should not file an account “ and why the petitioner should not have such further relief as may be proper.”

That proceeding was commenced within eighteen months from the date when letters first issued to the executor. It was a proceeding in which “ a judicial settlement of the accounts of an executor ” might be…