Kingsbury v. Gastrell's Estate

Citations

• 110 Miss. 96
• 69 So. 661

Syllabus

<p>1. Limitation of Actions. Compensation of period of limitation. Death of debtor. Gifts. Acts constituting. Estoppel. Foreclosure.</p> <p>It is a general rule of the law, that where a cause of action against a person has not accrued at the date of his death, the general, statute of limitations does not Commence to run until there is an administration of his estate, in the absence of -legislation to the contrary.</p> <p>2. Gifts. Acts constituting.</p> <p>Where K. died intestate in 1901, owning a homestead upon which was a deed of trust securing notes of himself and wife, the last and all of which notes matured in October 4, 1903, G. the aunt of K’s wife, shortly after all the notes reached maturity, purchased such notes, and stated to a third party, that she had bought them in order to save the homestead for K’s wife and child and</p> <p>. to give them a home; that the wife would never be able to pay them, and she would give them to her. G. died in 1913, leaving a will which made no reference to the notes, which were in her possession at the time of her death and were found among her valuable papers. In such case the holding of the chancellor that the notes were never given away by G. in her lifetime, was not manifestly wrong; the gift never having been consumated by delivery of the notes and a cancellation of the indebtedness.</p> <p>. Estoppel. Foreclosure.</p> <p>In such case G. if living would not have been estopped from foreclosing these notes, nor was her executrix estopped.</p>