This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1844 Excerpt: ... STRAFFORD, DECEMBER TERM, A. D. 1840. Hodgdon, Adm'r, vs. White & a., Ap'ts. An executor or administrator is not bound to interpose the general statute of limitations, in bar of the recovery of a demand, against the estate, which is otherwise well founded. And he may have a license for the sale of real estate, in order to pay claims barred by the statute, but admitted by him, and appearing to be just. But if, on application for a license to sell, evidence is offered tending to show that the demands for the payment of which the license is asked have been paid; or if they are so stale that, aside from the statute of limitations, a strong presumption arises against their validity, that will form a sufficient ground upon which the court in its discretion may refuse to grant a license. An executor or administrator has no right to refuse or neglect to avail himself of any defence furnished by the statute provisions limiting actions against him, and which are intended to insure the speedy settlement of estates; and no license can be granted to sell real estate for the payment of demands which are barred by those statutes. Appeal from a decree of the judge of probate. The appellee, as administrator of the estate of Deborah Coffin, filed a petition in the probate court, praying for license to sell real estate, for the payment of debts. The judge of probate, upon consideration of the petition, made a decree granting the prayer of it, from which the appellants, who were purchasers of the share of one of the heirs at law, claimed an appeal--Because, 1. The intestate did not owe any debts, or more than her personal estate was sufficient to pay--2. The debts alleged to exist against her, or her estate, and for the payment of which the real estate is ordered and decreed t...