Whitehead v. Puffer

Smith, O. J.,

delivered the opinion of the court.

The ultimate and controlling question presented by this record is this: Where an executor or administrator is sued on a probated account against the estate he is administering, some of the items of which appear on the face of the account, as probated, to have been barred by the Statute of Limitations at the time of the decedent’s death, and the executor or administrator pleads the Statute of Limitations in bar thereof, can the plaintiff in reply thereto allege, and offer evidence of, facts not appearing on the probated claim disclosing that the…