One of the objections urged in the present
A second objection was, that these claims are barred by the statutes of limitation. But, we think, that neither the general provision of the statute (c. 120, § 1), nor that by which proceedings against executors and administrators are limited to two years and thirty days (Rev. Sts. c. 120, <§. 10), is applicable to the case of a creditor of an insolvent estate ; for the reason, that such creditor cannot bring an action, but is only entitled to file his claim before the commissioners, within the time allowed by law. When the commission is closed, every creditor, who has not proved his claim, is forever barred, unless he brings himself within the exception, that is, unless he proves that further assets have come to the estate. If such a creditor proves that further assets have been received, he is then entitled to proceed with his claim in the manner provided by the statute. We think the claims of these plaintiffs are not barred by the statutes of limitation.
The remaining question is, whether these claims have been adjudicated upon and disallowed by the first commission. The suggestion is, that they were presented to the commissioners, and were not allowed, and were thus adjudicated upon. The facts appear to be, that, under the second specification of defence, the defendants produced from the records of the probate court the report of the commissioners containing a list of the claims presented to them, with a memorandum against each of the decision of the commissioners relative thereto. Against the claims of the plaintiffs were written the words “ not allowed as on file.” The phrase “ not allowed ” is equivocal, and the words “ as on file ” refer to something else as explanatory of the short entry. It is true, that a written document is not to be explained by parol evidence ; but, where a written document refers to something else, for explanation, that becomes competent evidence, whether it be parol or in writing, as a part of such written document. The files of the commissioners, thus referred to, being produced,
