Chambers v. Fennemore's Adm'r.
Superior Court of Delaware
The suit was commenced May 10th, 1845, and was sustained by proof of the following settlement under hand. “ Jan. 6, 1840. This day James Chambers and Thomas Fennemore, administrators of John Fennemore, deceased, settled, and there was a balance due from the estate of John Fennemore to James Chambers, of $249 10.”
1Opinion
Under the old limitation act of 1792, which prohibited an administrator from paying any account or demand against the estate of his intestate, of longer standing than three years next before the intestate's death, it was held that an administrator could not by his acknowledgment or promise, revive a debt thus barred, so as to charge the estate. But it does not appear to have been decided in respect to debts not barred at the time of the intestate's death, that the administrator might not by his acknowledgment, prevent or remove the bar of the act. The contrary opinion was maintained by the…
2Cases cited1 opinion
- Jacobs v. MurraySuperior Court of Delaware · 1921