Emson v. Allen

The opinion of the court was delivered by

Dixon, J,

In an action on contract brought by an executor, the defendant pleaded a set-off to which the plaintiff interposed the statutory bar by a decree of the surrogate made *492upon an order to limit creditors. Thereupon the defendant rejoined that at the commencement of the suit the testator’s estate was solvent; that all the testator’s debts, except that due to the defendant, had been paid; that on the settlement of the estate there would be a large surplus to be distributed among the devisees under the will, and that the surplus was still in the…