In re the Estate of Haase

Wingate, S.

The testatrix gave the residue of her estate to her four children in equal shares, stipulating, however, “ that from the share which my son, Frederick Haase, would be entitled to receive upon my death, that there be deducted from such share the amount of his indebtedness to me, plus accumulated interest, which indebtedness is evidenced by a certain note executed to me by my son, Frederick Haase, and bearing date the 1st day of July 1929.”

*43The decedent died on June 3, 1939. Since more than six years had expired since the giving of the note, it would obviously have been unenforcible…