Matter of Stanfield
New York Court of Appeals
Appeal from order. of the General Term of the Supreme Court in the first judicial department, made May 13, 1892,, which affirmed an order of the surrogate’s court, directing the payment of interest upon a legacy to the petitioner herein from the death of his testator. The facts, so far as material, are stated in the opinion. General legacies are not payable until one year after the issuance of letters, and interest does not commence to run until the legacy is payable.
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Appeal from order. of the General Term of the Supreme Court in the first judicial department, made May 13, 1892,, which affirmed an order of the surrogate’s court, directing the payment of interest upon a legacy to the petitioner herein from the death of his testator. The facts, so far as material, are stated in the opinion. General legacies are not payable until one year after the issuance of letters, and interest does not commence to run until the legacy is payable. (2 R. S. 90, § 43; In re McCowan, 123 N. Y. 526, 531; Kerr v. Dougherty, 17 Hun, 341; In re Lynch, 52 How. Pr. 367; Nahmens v.…
1Opinion of the CourtMaynard, J.
The respondent is given in the vail of his father the income of twenty thousand dollars for life. The estate was inventoried at three hundred thousand dollars. There were bequests of the income of various sums aggregating, with the respondents, eighty-five thousand dollars. It is undisputed that after the payment of all just debts, the income-bearing principal of the estate will be largely in excess of this sum. The decedent’s property was so invested at the time of his death as to be productive of revenue, and the income received by the temporary administrator and the executor, from May 28,…
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- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Davidson v. Miners & Mechanics Savings & Trust Co.Ohio Supreme Court · 1935
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