Byer Estate

Shoyer, J.,

Is an executrix with personal knowledge of a creditor’s claim estopped from pleading the statute of limitations where the six-year period for commencing suit terminated some 13 months after decedent’s death and before presentation of the claim in writing?

The learned auditing judge held that “her protestations to the claimant that there were no assets in the estate”, while not fraudulent, “lulled” claimant “into inaction”. This tolled the running of the statute, he ruled. With this ruling we disagree.

Benjamin Byer, a member of the bar of this court, died February 12, 1959. His will,…