In re the Estate of Riley

Wither, S.

The court is asked to determine whether the executor may charge against the legacy herein to the petitioner the amounts unpaid on a series of promissory notes made by him to the testatrix, action upon which had been barred by the Statute of Limitations prior to the testatrix’ death.

It appears that the first note, in the amount of $1,000, was given by the petitioner and his wife to the testatrix on September 5, 1934. Thereafter, on September 26, 1934, the testatrix made her will in which in paragraph “ Sixth ” she provided as follows: “ To william pomeroy riley, my stepson, I leave…