The words of a will, directing all just debts to be paid, will prevent the bar of the statute of limitations.
PER CURIAM.
The act of limitations was made to prevent the inconvenience of stale demands, and to hinder them after a reasonable length of time from rising up to charge him. This law, though very generally reprobated, is founded upon principles of justice, and ought to be adhered to; and had the act never received an interpretation which might govern the present case, the Court would now be of opinion that the using of such words in a man's will ought not to prevent the operation of that act, for that they are words common in almost all wills; but these words by former decisions have been held to have that effect, for the executor without such words is bound to pay all recoverable debts; but these words are supposed to bind him to something further — the payment of all just debts (2 P. Wil., 373; Salk., 154; 2 Vern., 141), whether recoverable at law or not, and are deemed to mean more than the law lays upon the executor without any such words used.
The plaintiff had a verdict and judgment.
Quere, whether this case is not overruled by Walker v. Campbell, 8 N.C. 304, in which it was held that a debt barred by the statute of limitations is not revived by a direction in the debtor's will that certain slaves be sold "and with the proceeds thereof, after paying may debts, they," etc.
Cited: Walker v. Campbell, 8 N.C. 306.