Rogers v. Rogers
New York Surrogate's Court
This was a proceeding for the final settlement of the estate of James Bogers, deceased. By the will of the deceased, he gave and bequeathed several legacies, without mentioning when they were to be paid; and to his sisters, Eliza and Susan Bogers, he gave each a legacy of three thousand ($3,000) dollars, and directed them u to he paid to them (his sisters) hy my executors as soon as conveniently may he after my decease.”
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This was a proceeding for the final settlement of the estate of James Bogers, deceased. By the will of the deceased, he gave and bequeathed several legacies, without mentioning when they were to be paid; and to his sisters, Eliza and Susan Bogers, he gave each a legacy of three thousand ($3,000) dollars, and directed them u to he paid to them (his sisters) hy my executors as soon as conveniently may he after my decease.” He appointed his son, Francis Gregory Bogers, executor, and his said two sisters, Eliza and Susan Bogers, executrices of his will. They all qualified as such. The deceased…
1Opinion of the Court
The Surrogate
The question for me to decide is, shall Eliza Eoger and Susan Bogers be allowed interest on their legacies from the death of James Bogers, or one year thereafter ?
At common law, when no time is fixed in the will for the payment of legacies, they are not payable until the expiration of one year from the death of the testator. This rule was for the convenience of the executor, to enable him to convert the estate into money by sales or collections, and to enable him to ascertain the amount of debts owing by the deceased, so that he could know whether there would be assets sufficient…
2Cases cited2 opinions
- Bradner v. . FaulknerNew York Court of Appeals · 1855
- Lawrence v. EmbreeNew York Surrogate's Court · 1855
3Cited by5 opinions
- Harvey v. ClarkeCalifornia Supreme Court · 1896
- In re the Estate of StewartNew York Surrogate's Court · 1922
- Estate of SavageNew York Surrogate's Court · 1885
- In re the Judicial Settlement of the Account of SeymourNew York Surrogate's Court · 1889
- Vernet v. WilliamsNew York Surrogate's Court · 1885