Matter of Rutherfurd
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1909, which reversed an order of the New York County-Surrogate’s Court granting an application for the payment of interest npon a certain legacy.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1909, which reversed an order of the New York County-Surrogate’s Court granting an application for the payment of interest npon a certain legacy. Anne Morris Stout died July 2, 1900, leaving a will dated February 13, 1896, by which she gave four general legacies to the persons and for the amounts as follows : Caroline Barnard Sutliff, $12,000 ; J. Herbert Carpenter, $10,000; Caroline Barnard Sutliff, $5,000 ; Isabella Hutherfnrd, $25,000. In her will she said: “ I give and…
1Opinion of the CourtChase, J.
Bo legacy shall be paid by an executor or administrator until after the expiration of one year from the time of granting letters testamentary or of administration unless directed by the will to be sooner paid. After the expiration of one year the executors or administrators must discharge the specific legacies bequeathed by the will and pay the general legacies if there be assets. (Code of Civil Procedure, section 2721.) Interest begins to run upon a legacy from the time when it is payable. The Bevised Statutes (2 B. S. 90, secs. 43-45) from which the Code provisions.were taken, changed the…
2Cases cited7 opinions
- In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
- Van Rensselaer v. . Van RensselaerNew York Court of Appeals · 1889
- Thorn v. . GarnerNew York Court of Appeals · 1889
- Wheeler v. . RuthvenNew York Court of Appeals · 1878
- Dodge v. . ManningNew York Court of Appeals · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- In re the Estate of StulmanNew York Surrogate's Court · 1933
- Hoffmeister v. AmbergWisconsin Supreme Court · 1916
- In re the Judicial Settlement of the Accounts of Barker & KnappAppellate Division of the Supreme Court of the State of New York · 1919
28 more not listed; retrieve them via the Exa API.