Kent v. Dunham
Massachusetts Supreme Judicial Court
Three actions oe contract against the executors of the will of Josiah Dunham; the first by Barker B. Kent, administrator of the estate of Mary Ann Dunham, widow of Josiah Dun-ham, to recover a legacy given to her in said will; the second by Barker B. Kent to recover a legacy given to his wife, Sarah Kent, daughter of Josiah Dunham, in said will; and the third by Harrison Dunham, a minor son of Thomas H. Dunham, by his guardian, who was his father, to recover a legacy given…
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Three actions oe contract against the executors of the will of Josiah Dunham; the first by Barker B. Kent, administrator of the estate of Mary Ann Dunham, widow of Josiah Dun-ham, to recover a legacy given to her in said will; the second by Barker B. Kent to recover a legacy given to his wife, Sarah Kent, daughter of Josiah Dunham, in said will; and the third by Harrison Dunham, a minor son of Thomas H. Dunham, by his guardian, who was his father, to recover a legacy given to him in said will. The writ in each action was dated September 21, 1868. At the trial in the superior court, before…
1Opinion of the CourtWells, J.
Interest is payable upon pecuniary legacies from the time when, by the terms of the will or by the rules of law, they become due and ought to be paid. It is incident to the principal demand, and not imposed upon the executor for his neglect.
1. Evidence offered to justify or excuse the executors, in not paying the legacies at an earlier date, was properly rejected as immaterial.
2. For the same reason, the defence that the legatees caused delay by unjustifiable proceedings, embarrassing the executors in the settlement of the estate, was equally inadmissible for the purpose of defeating their…
2Cited by65 opinions
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- In Re Estate of HubbellCalifornia Supreme Court · 1932
- Parkhurst v. GinnMassachusetts Supreme Judicial Court · 1917
- Thayer v. PauldingMassachusetts Supreme Judicial Court · 1908
- Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
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