Statute of Limitations Raised by Agent Prematurely

Agent under power of attorney was compelled to account, which he did, and then filed an action for declaratory judgment that all actions against him for his agency were barred by the statute of limitations, to which the court dismissed; the agent appealed, and the Orphans’ Court explained that the affirmative defense of statute of limitations was raised improperly and that the declaratory judgment was moot, because no party had yet objected to the account.  Moskowitz Estate, 3 Fid. Rep. 3d 413 (O.C. Delaware 2012) (Opinion by Cronin, J.)

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