Smith v. Gillette

Citations

• 59 Tex. 86
• 1883 Tex. LEXIS 110

Syllabus

<p>1. Will — Limitations.—A will providing that a claim against the testator, which was barred by limitation at the time of his death, “ should not be barred by the statute of limitations,” but should “ be honestly and justly paid ” from his estate by his executors, did not engraft a continuing trust as a charge against the estate, but created a cause of action in favor of the claimant from the date of the probate of the will. Against such a claim the statute of limitations began to run after the expiration of the period provided by law for its suspension after the death of the testator. Tinnen v. Mebane, 10 Tex., 246; Parker v. Cater, 8 Tex., 318, and Agnew v. Fetterman, 4 Pa. St., 61, cited and approved.</p>