In re Goble's Will
New York Surrogate's Court
Judicial settlement of the accounts of Montgomery H. Vernon, executor of the will of Elias O. Goble, deceased. Decedent, after a bequest to Edna Miller, the only child of a deceased daughter, of $1,000, “to be paid to her when she attains the age of 21 years, ” gave the residue of his estate to his wife for life.
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Judicial settlement of the accounts of Montgomery H. Vernon, executor of the will of Elias O. Goble, deceased. Decedent, after a bequest to Edna Miller, the only child of a deceased daughter, of $1,000, “to be paid to her when she attains the age of 21 years, ” gave the residue of his estate to his wife for life. The will further directed that “on the death of my wife, I direct my surviving executor to divide all my said residuary estate among all my children, share and share alike, except that the share or interest which my daughter Mary E. Wood, deceased, would have had, had she survived…
1Opinion of the Court
Coleman, S.
The first question presented for my consideration is whether Edna Miller is entitled to any income upon her legacy, and; if so, from what time ? The legatee is a granddaughter of the testator, but was not supported .by him. The legacy cannot, therefore, be presumed to have been given for her maintenance, and clearly, if entitled to interest at all, is only entitled to interest from one year after the testator’s death. As a general rule, legacies will not carry interest before the time for their payment, whether vested or not. If the testator is a parent (or in loco parentis) of the…
2Cases cited3 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- Van Bramer v. Executors of HoffmanNew York Supreme Court · 1801
3Cited by4 opinions
- Bradley v. GilliamCourt of Appeals of Texas · 1924
- In re the Estate of HierAppellate Division of the Supreme Court of the State of New York · 1923
- Dodson v. . FulkSupreme Court of North Carolina · 1908
- Lyons v. SteinhardtNew York Supreme Court · 1902