In re the Estate of Plehn

Joseph A. Cox, S.

The testator executed his will on October 27, 1959 and died on October 13, 1963. This instrument bequeathed $5,000 to the petitioner, the testator’s sister, who seeks payment of the legacy in this proceeding. The will bequeaths like legacies to two brothers. It appears that on or about March 3, 1955 the petitioner borrowed $10,000 from the testator which has not been paid and, by the lapse of time, collection of the debt was barred by the Statute of Limitations at the time of the testator’s death. The issue presented is whether the executors may assert the right of equitable…