WATKINS & GALLAGHER, for appellant.
HEMPSTEAD, for appellee.
Mr. Chief Justice ENGLISH delivered the opinion of the court.
This case, like The State vs. Shall, ad., and Biscoe vs. The State, ante, is a branch of the suit of the State against the Trustees, etc., of the Real Estate Bank.
George Hill was one of the original Trustees under the deed of assignment; and was also one of the residuary Trustees, and continued to act as such until the time of his death, in January, 1849.
Having made a will, letters testamentary were granted to his widow, Nancy Hill, by the probate court of Hempstead county, 31st of March, 1849; and as his executrix she was made defendant to the bill filed by the State against the Trustees, etc., 1st of May, 1854.
In her answer, she pleaded the statute of non-claim, limitation, etc., and before, and at the time of the final hearing, she moved to be discharged upon these defences, but the court overruled the motions, and rendered a decree against her, as the representative of her deceased husband, for the sums mentioned below, and she appealed.
Hill was indebted to the bank, on stock notes and accommodation notes, before, and at the time of the deed of assignment; he made payments during his lifetime, and like Biscoe (see Biscoe vs. State, ante,) was credited with a salary of $750 per annum for his services as Trustee, instead of the per diem compensation provided for by the deed. At the time of his death, there was still a balance against him upon the books of the bank, as his account was stated by the cashier and secretary of the board of Trustees, which Mrs. Hill, as his executrix, subsequently fully paid off.
Upon a re-statement of his account, by a special master, under the directions of the chancellor, as in Biscoe's case, his estate was reported to be indebted to the trust in the sum of $3,091.24,
