In Re Estate of Eitzen

Appellee, a beneficiary named in the will of Jacob Eitzen, deceased, brought an action to foreclose her claimed lien, created by the will of her deceased father, upon certain real estate belonging 1o him. The defendants who have appealed assert that there has been a novation of the bequest to appellee by subsequent written contracts between her and her brothers, Herbert Eitzen and Emil Eitzen, to whom the land was devised by the father’s will. The appellants further assert that there has been a payment of appellee’s legacy and that the claim is now barred by "the statute of limitations. The…