Lizzie M. F. Spallholz, Appellant v. Mark L. Sheldon

Summary

The Court of Appeals affirmed the dismissal of the plaintiff's action to recover excessive commissions and allowances paid to the executor. It held that the statute of limitations barred the claim because it began after the executor's discharge and no fraud was shown to toll the period. The Court also clarified that the limitations period does not run in favor of a trustee while an express trust subsists, but runs after the trust relationship ends, and only actual or intentional fraud can suspend it.