In re the Accounting of Searles

Decedent died on September 26, 1942, and letters testamentary were issued to his widow and the corporate executors on January 12, 1943. On March 4, 1943, the widow filed a claim based upon a $5,000 note, dated July 21, 1931, made by decedent and payable to her on demand, with interest at 6%. The note was executed and delivered by decedent to claimant prior to their marriage. The Surrogate held that two letters, dated May 8, 1934, and October 20, 1937, signed by decedent and delivered to claimant, were sufficient to toll the Statute of Limitations as to the principal indebtedness, but held…