New York Supreme Court November 15, 1876 (Ferris v. Van Vechten)

Bocees, J.:

We are satisfied with the conclusions of the learned judge at Special Term, as regards the defense of the statute of limitations. Admitting that the plaintiff was barred by the statute from her right to proceed against the real estate of the defendants’ testatrix, under the charge thereon created or declared by the will, as the learned judge found, let us examine the ease on the