Wyman v. Hubbard
Massachusetts Supreme Judicial Court
This was an appeal from a decree of the Judge of Probate for this county, allowing the administration account of the respondents, as executors of the last will and testament of Jacob Smith, deceased; the appellant being guardian of the said testator’s chil dren.
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This was an appeal from a decree of the Judge of Probate for this county, allowing the administration account of the respondents, as executors of the last will and testament of Jacob Smith, deceased; the appellant being guardian of the said testator’s chil dren. One of the reasons of appeal, filed in the Court below, was, that the Judge of Probate had not charged the executors with interest upon the cash balance in their hands, from the time they received it, or from some short period afterwards ; several years having intervened between the receipt of the money by them and the settlement of…
1Opinion of the CourtParker, C. J.
The general rule has been, not to charge executors with interest when their accounts are settled in ordinary course ; and the reason is, that they are not at liberty to risk the money belonging to the estate which they represent, and are to be always ready to pay it over, according to the directions of the will, or the decree of the Probate Court. They ought not to be presumed to have made a profitable use of it; because it would be contrary to their duty to use it at all.
This rule admits of an exception, when it shall appear that the executors have actually made use of the money ; and this…
2Cited by14 opinions
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Forbes v. WareMassachusetts Supreme Judicial Court · 1899
- Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1823
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