Massachusetts General Laws

Mass. Gen. Laws ch. 260, § 11 (2026)

Contracts or acts of fiduciaries

✓ current as of July 2026

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Section 11. An action founded on any contract made or act done, if made or done by any person acting as the executor, administrator or other legal representative of the estate of a deceased person, shall be brought within one year, or, if made or done by any person acting as trustee, guardian or conservator, shall be brought within two years, after the right of action accrues; provided, that this section shall not apply to actions upon probate bonds, or to actions in favor of the estate of which such person shall have been such legal representative, or to actions in favor of a beneficiary or ward, or to actions brought by the commonwealth.

Notes of Decisions

Cited in 15 cases, 1924–2011 · leading case: Town of Hull v. Tong, 442 N.E.2d 427 (Mass. App. Ct. 1982).

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Town of Hull v. Tong, 442 N.E.2d 427 (Mass. App. Ct. 1982). · cites it 7× “755 (1974), on the ground that the complaint was not filed within the time period provided by G. L. c. 260, § 11, 2 as set forth in the *711 margin.”

Breen v. Burns, 182 N.E. 294 (Mass. 1932). · cites it 2× “with exceptions not here material, rather than G. L. c. 260, § 11, which provides that an “action founded on any contract made or act done .”

Graveline v. Baybank Valley Trust Co., 473 N.E.2d 700 (Mass. App. Ct. 1985). · cites it 2× “The judge of the Hampden Housing Court 3 allowed the bank’s motion to dismiss based on the short one-year statute of limitations which applies to actions against executors, G. L. c. 260, § 11. 4 In the course of so doing, he rejected the argument of the plaintiffs, that the…”

Dep't of Pub. Welfare v. Anderson, 384 N.E.2d 628 (Mass. 1979). “Creditors of the estate other than the Commonwealth must enforce their claims within the period set by G. L. c. 260, § 11. 4 The distinction between the two classes of creditors has had the following consequence: if a claimant is a creditor of the decedent, then the short…”

Redstone v. O'Connor, 874 N.E.2d 1118 (Mass. App. Ct. 2007). “The judge concluded that Edward had no reasonable expectation of proving the necessary elements to sustain his theories of liability and that he had failed to bring his claims within the two-year limitation period set out in G. L. c. 260, § 11. On appeal he addresses only the…”

Geldert v. Usher, 142 N.E. 926 (Mass. 1924). · cites it 2× “The plaintiff does not seek to recover because of Hartshorn’s acts, and it does not appear that when he died sufficient funds had been collected to pay the plaintiff’s indebtedness. The claims of the plaintiff, both as to the profits and the value of the land, are demands…”

Ginzberg v. Wyman, 172 N.E. 614 (Mass. 1930). “” The administrator de bonis non with the will annexed of said estate moved that the petition be dismissed for the reason that on its face it was barred by the special statute of limitations in G. L. c. 260, § 11. That section, so far as here material, is in these words: “An…”

Fox of Boylston Street Ltd. P'ship v. Mayor of Boston, 641 N.E.2d 1311 (Mass. 1994). “The judge properly concluded that the period of limitations stated in G. L. c. 260, § 11 (1992 ed.), applied to Fox’s claims in this case.”

Bartholomew v. Stobbs, 182 N.E. 846 (Mass. 1932). “197, § 9, and in G. L. c. 260, § 11. An interlocutory decree was entered sustaining the demurrer and later a final decree dismissing the bill.”

Town of Milford v. Casamassa, 162 N.E.2d 284 (Mass. 1959). “No claim is made that G. L. c. 260, § 11, presents any bar to the present action.”

Env't Compliance Servs., Inc. v. Dwyer, 2000 Mass. App. Div. 53 (Mass. Dist. Ct., App. Div. 2000). · cites it 4× “Among other defenses, Dwyer asserted that the claim was barred by G.L.c. 260, §11, the statute of limitations.”

Restaino v. Vannah, 477 N.E.2d 610 (Mass. App. Ct. 1985). “Further, the appellant argues that the claim for a fee, because lodged more than a year after the appellee’s term as special administratrix expired, was barred by G. L. c. 260, § 11. It appears on the face of that statute, however, that it is a statute of limitations that…”

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