Vermilyea

Defendant demurred to the plaintiff’s amended complaint filed against the estate of Samuel E. Yermilyea, deceased, on the ground that the claim sued upon was barred by the four-year provision of the statute of limitations. The demurrer was overruled. The only question here presented is as to the correctness of this ruling.

The action is based upon two writings received by the plaintiff from the deceased inclosed in the same envelope, and which must be read together to determine the intent of their author and the legal obligation resulting from his act in executing them. The letter is as follows:

“In relation to that $1000 will say am glad you mentioned it for I should have given you. some writing before now that would be a legal obligation in case of my death, but have been expecting to make a sale of some of my property all the time and then intended to pay it off and so have put it off. I inclose a little statement in relation to the deal which would be paid by my estate if anything should happen. I have made the interest 7% as you will observe so no question could arise in relation to illegal interest in case of my death. I have deemed wise to make the statement fully full so…