American University v. Forbes

There would be no question of the plaintiff’s right to recover, had it brought its claim to the executor’s notice while estate remained in the latter’s hands. The claim was a provable debt. Although it was not payable during the decedent’s lifetime, it became due upon her death. It was thus subject to the legislation (P. L., c. 302, ss. 1-5) relating to notice and suit. And the right to a judgment against the executor, under the statute (P. L., c. 302, s. 28) enacting that the time for notice be extended under certain stated conditions, would be clear but for the provision in the statute that…