Massachusetts Supreme Judicial Court January 15, 1864 (Chenery v. Webster)

Metcalf, J.

As the appellees gave due notice of their appointment as executors of the will of their testator, and the appellant did not, within two years from the time of their giving bond, commence a suit against them on his claim upon the testator’s estate, he cannot now hold them to answer to such suit, *77unless assets of the deceased came to their hands after the expiration of said two years.