Whalen v. Kitchen

In 1890 Richard Kitchen died, leaving a will, by the terms of which, among other provisions, he gave to Herbert and Wallace Whalen the sum of |10,000 each, with the proviso that his executor might pay such legacies in stock of the Kitchen Brothers Hotel Company, but that the whole estate was to be settled within three years from the death of testator. The executor, James B. Kitchen, failed to pay these legacies within the period limited in the will for closing the estate, and after the expiration of such time filed in the county court his report, in which he asked leave of court to deposit…