Supreme Court of New Jersey, 1945

In Re the Estate of Winter

In Re the Estate of Winter
Supreme Court of New Jersey · Decided January 19, 1945 · PER CURIAM.
40 A.2d 648; 136 N.J. Eq. 112; 1945 N.J. LEXIS 381 (Atlantic Reporter, Second Series)

In Re the Estate of Winter

Opinion of the Court

Per Curiam.

The decree of the Prerogative Court is affirmed, for the reasons stated in the opinion of Vice-Ordinary Bigelow.

On the appeal it was pointed out that one of the notes of the testator, which the executrix in part settled for, was *113 barred by the statute of limitations, and that another was barred before an action ivas brought for recovery thereon. An executrix is not obliged to plead the statute of limitations. She may waive the statute and be allowed in her account for the payment of a claim against which the statute has run when the debt is just. Pursel v. Pursel, 14 N. J. Eq. 514; Vreeland v. Vreeland’s Administrator, 16 N. J. Eq. 512; First National Bank v. Thompson, 61 N. J. Eq. 188; Wheedon v. Nichols, 72 N. J. Eq. 366.

The decree is affirmed, with costs.

For affirmance — Parker, Case, Bodinb, DongeS', Perskie, Porter, Colie, Wells, Raeeerty, Thompson, Dill, JJ. 11.

For reversal — None.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.