Limitations, Statute of. Executor and Administrator. Words, "Giving bond."
In R.L.c. 141, § 9, providing that an executor or administrator, after having given due notice of his appointment, should not be held to answer to an action by a creditor of the deceased which was not commenced within two years "from the time of his giving bond," the time of "giving bond" is the time when, upon the approval of his bond, his letter of administration is issued.
BY THE COURT.
The statute of limitations begins to run against an administrator from the date of the letter of administration. This has been decided to be the time of "giving bond" as these words are used in R.L.c. 141, § 9. Wells v. Child, 12 Allen, 330. Therefore these actions were brought seasonably. It is too plain for discussion that there is nothing at variance with this in Morrissey v. Morrissey, 180 Mass. 480.
Exceptions overruled.