Kirby v. Lake Shore & Michigan Southern Railroad

Citations

• 120 U.S. 130
• 7 S. Ct. 430
• 30 L. Ed. 569
• 1887 U.S. LEXIS 1954

Syllabus

<p>When relief is asked in equity in courts of the United States on the ground of fraud, time will not run in favor of defendant, until discovery of the fraud, or until, with reasonable diligence, it might have been discovered; and this rule is not affected in the State of New York by the provisions of § 382 of the Code of that state as amended in 1877 in so far as they may be construed to modify it.</p> <p>A statute of a state which provides, that “the time which shall have elapsed between the death of any person and the granting of letters testamentary or of administration on his estate, not exceeding six months, and the period of six months after the granting of such letters shall not be deemed any part of the time limited by any law for the commencement of actions by executors or administrators,” does not give the party claiming the benefit of its provisions both periods of six months therein mentioneci, but only such time, not exceeding six months, as elapsed after the death of the testator or intestate, before the granting of letters, and the additional time of six months after'the granting of letters.</p> <p>In a state where the statutes authorize ancillary letters to be issued on a will proved in another state, on depositing in the office of the probating court a certified copy of the will and its probate, the executor cannot prevent the statute of limitations of the State from running against him in a court of the United States, sitting in the State, by an unreasonable delay in taking out ancillary letters. -</p>