Carter v. Fidelity Union Trust Co.

The opinion of the court was delivered by

Parker, J.

The case revolves around a disputed claim against the estate of Sarah A. Carter, deceased, on a promissory note held by respondent trust company as executor of the will of Mary Emma Johnson, the payee named in said note. The note was due November 15th, 1930, so that the six-year statute of limitations has not yet run. Mrs. Carter died in April, 1931, leaving a will in which she appointed the appellant, her son, as sole executor, and gave him all her residuary estate after payment of debts and funeral and testamentary expenses. He proved the…