Legal Opinion

Andrews v. Andrews

New York Surrogate's Court

Decided December 15, 1854PublishedCited by 1 opinion

1Opinion of the Court

The Surrogate.

The accounts of the executor and executrix are admitted without objection, except as to a charge of interest which the executor has made for an amount due him at the testator’s decease, and which remained unpaid for two years and eight months. There is *100no reason why an executor should not have interest on a debt due him. by the testator, the same as other creditors of the estate. If it be said that he was in funds to pay himself, that would, of course, extinguish his claim for interest, if he actually used the fund, but this does not appear to have been the fact in the present…

2Cases cited1 opinion

  1. Honore v. ColmesnilCourt of Appeals of Kentucky · 1838

3Cited by1 opinion

  1. Eschbach v. CollinsCourt of Appeals of Maryland · 1884

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