736. Effect of delay in enforcing remedies.

736.     Effect of delay in enforcing remedies.

The equitable doctrine of laches1 will not prevent an annuitant from recovering proper arrears of an annuity2, in a claim for an account on the footing of wilful default against the trustees by whom the annuity is payable, merely because he has neglected for a considerable time to enforce punctual payment3.

As far as other proceedings are concerned, there is no special period of limitation applicable to an annuity charged wholly on personalty4. If such an annuity is given by will, it is a legacy and thus subject to a 12-year