Estate of Sheppard

Citations

• 180 Pa. 57
• 36 A. 422

Syllabus

<p>Assignment for creditors — Dividend—Statute of limitations — Recognition of debt.</p> <p>The allowance of a dividend by a decree of the court of common pleas upon the report of an auditor making distribution of an assigned estate does not arrest the running of the statute of limitations'in favor of the creditor, but, as the assignee is the agent of the debtor for the purpose of ascertaining the validity of claims presented for payment, his payment upon a claim duly proved or admitted before the auditor is a recognition which clearly establishes the bona fides of the claim, especially where the creditor who subsequently objects to the claim was before the auditor and made no objection to it at the time.</p> <p>Statute of limitations — Attachment execution — Confession of judgment— Legatee.</p> <p>An attachment in execution against a legatee’s interest in an estate will not prevent the legatee from confessing judgment to the executor of the estate for a debt barred by the statute of limitations which was due the decedent in his lifetime.</p> <p>Statute of limitations — Creditor and debtor — Fraud.</p> <p>The omission to set up the statute of limitations as a defense is not a fraud of which the creditors of a debtor have a right to complain.</p>