Substantially tbe case is tbis: A married woman, Minnie Fair Miller’, dies, intestate, leaving a husband and five children. She owns 191 shares of stock in a corporation, of which ber husband is president. Her husband qualifies as administrator and files a final report in 1916, stating tbat be has paid all debts, and tbat as be is tbe sole distributee of tbe personal property of bis wife, takes possession of said stock, claiming title thereto in bis own right. Thereafter be surrenders tbe stock to tbe corporation issuing tbe same and takes in return therefor a deed in bis own name for all real estate owned by tbe corporation, which is dissolved. In 1918 be remarries and moves to Virginia, remaining there until 1923, when be returns to North Carolina, and dies in 1928, leaving a last will and testament. His second wife dissents from tbe will and has ber dower allotted in property other than *461that in controversy. At the time of his death he owes his second wife $2,545, for which she took judgment in 1928, after the death of her husband. On 5 July, 1929, the heirs at law and distributees of the first wife, Minnie Fair Miller, institute an action against the second wife, the executor, and another, alleging that they are tenants in common of the real estate which was purchased with the stock owned by their mother.
The following questions of law arise upon the foregoing facts, to wit:
1. What rights, if any, have the children of Minnie Fair Miller in and to the property purchased by her husband, Jasper Miller, with stock belonging to her at the time of her death?
2. Are the claims of the children of Minnie Fair Miller barred by the statute of limitation?
3. Are the children of Minnie Fair Miller estopped to assert any claim in and to said property?
When Jasper Miller qualified as administrator of the estate of his wife, Minnie Fair Miller, he thereupon became the trustee of an express trust. Grant v. Hughes, 94 N. C., 231. When he filed his final account on 20 September, 1916, and took the stock belonging to his wife under a claim of right and exclusive ownership for his own benefit, this constituted a disavowal of his trust. Rouse v. Rouse, 167 N. C., 208; Rouse v. Rouse, 176 N. C., 171. Under the statute of distribution in force at the time said final report was made, Jasper Miller was entitled to only one-sixth of the personal property of his deceased wife. Consequently, during the year 1918, when he took said stock belonging to the children of Minnie Fair Miller and purchased land from the corporation and took title thereto in his own name, a resulting trust was created in favor of the children or distributees of Minnie Fair Miller. This principle of law was expressed in King u. Weeks, 70 N. C., 372, where it is written: “A purchase by a man in his own name, with funds in his hands in a fiduciary capacity, creates a resulting trust in favor of those whose money is thus employed; as in case of' a trustee, a partner, an agent for purchase, an executor, a guardian, the committee of a lunatic, and the like.” Norton v. McDevit, 122 N. C., 755; Springfield Tire Co. v. Lester, 190 N. C., 411; Marshall v. Hammock, 195 N. C., 498. Therefore, under the law, as written, the land in controversy was impressed with a resulting trust in favor of the children of Minnie Fair Miller.
The next question of law requiring consideration is whether the statute of limitation operates as a bar to the claim of said children. It is now firmly established that the ten-year statute of limitation is applicable to the facts disclosed by this record and the statute began to run in September, 1916, when Jasper Miller, administrator of the estate of his wife, disavowed his trust and took possession of her property in his own right and under a claim of exclusive ownership. *462McIntosh North Carolina Practice & Procedure, p. 153; Nunnery v. Averitt, 111 N. C., 394; Edwards v. Lemmond, 136 N. C., 331; Marshall v. Hammock, 195 N. C., 498. Thus, the cl aim of the children of Minnie Fair Miller would be barred by the statute except for the application of C. S., 411. It is admitted that Jasper Miller left the State of North Carolina in June, 1918, and did not return until February, 1923. In other words, he was absent from the State approximately four years,and seven months. During such absence the statute was suspended, so that it has run against the claims asserted for a period of approximately five years and four months. Hence, the claims of the children of Minnie Fair Miller are not barred by the statute of limitation.
The last question of law is whether the children or heirs at law of Minnie Fair Miller are estopjied to assert any claim to said land. This suit is not between the heirs at law or children of Minnie Fair Miller and Jasper Miller. If so, perhaps a different rule of law would apply. In reality, the suit is an action by the heirs at law or children of Minnie Fair Miller against the second wife and widow of Jasper Miller, who is a creditor of his estate to the amount of $2,545. It does not appear in the record that there are any other creditors or that it is necessary to sell the property in controversy to make assets. There is no evidence tending to show that Cora Miller loaned money to her husband, Jasper Miller, by virtue of any representation made by him as to the ownership of said property. Hence, as to all interested parties, except G. L. Miller, estoppel must rest exclusively upon the theory that the children of Minnie Fair Miller stood by in silence for a period of five years and eight months. A careful examination of the record fails to disclose evidence of estoppel warranting the submission of an issue to a jury. But the defendant, G. L. Miller, stands upon a different footing. In 1918, when the corporation made the deed to Jasper Miller in consideration of stock which he wrongfully held as administrator of his wife, G. L. Miller was secretary-treasurer and director of the corporation. As such secretary he signed a warranty deed in behalf of the corporation, and, therefore, actually participated in the breach of trust committed by Jasper Miller. Consequently he acquiesced in the enjoyment of the property by his father, Jasper Miller, under a warranty deed, which instrument was totally inconsistent with the claim or demand now made by him that said property was impressed with a trust in his behalf. Mask v. Tiller, 89 N. C., 423; Marshall v. Hammock, 195 N. C., 498.
The result is that Jasper Miller owned one-sixth of said property in his own right, which is subject to the payment of his debts, and as against the claim of the widow or other creditors, G. L. Miller is estopped to assert his claim in and to one-sixth of said property.
Reversed.