Legal Opinion

Hilyard's Estate

Supreme Court of Pennsylvania

Decided December 15, 1842PublishedCited by 15 opinions

THIS was an appeal from the decree of the Orphans’ Court for the city and county of Philadelphia, confirming a report of auditors disallowing the sum of $600, which the appellant, Keziah Tomlinson, claimed as one year’s interest on the sum of $10,000 bequeathed to her by the will of Abraham Hilyard, deceased— the material part of which was as follows: “ I give and bequeath unto my executors, &c., the sum of $10,000 in trust, to put and place the same out at interest on some…

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THIS was an appeal from the decree of the Orphans’ Court for the city and county of Philadelphia, confirming a report of auditors disallowing the sum of $600, which the appellant, Keziah Tomlinson, claimed as one year’s interest on the sum of $10,000 bequeathed to her by the will of Abraham Hilyard, deceased— the material part of which was as follows: “ I give and bequeath unto my executors, &c., the sum of $10,000 in trust, to put and place the same out at interest on some good security, and pay and apply the interest and income thereof, from time to time, when and as the same shall be got…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

Where a sum of money is bequeathed by a will, it does not carry interest for a year from the death of the testator, because the executor is not bound to pay it before the end of the year, this period of time being given to him by Act of Assembly, to collect in the moneys, pay off the debts, and ascertain the situation of the estate; and this is the rule even though the personal estate be invested in funds drawing interest; for the interest running on in such case during the year belongs to the bulk of the estate. ■ To this rule, however,…

2Cases cited1 opinion

  1. Eyre v. GoldingSupreme Court of Pennsylvania · 1813

3Cited by15 opinions

  1. Matter of StanfieldNew York Court of Appeals · 1892
  2. Todd's EstateSupreme Court of Pennsylvania · 1912
  3. Estate of FlickwirPennsylvania Orphans' Court, Philadelphia County · 1890
  4. Catron's EstateMissouri Court of Appeals · 1900
  5. Frelinghuysen v. New York Life Insurance & Trust Co.Supreme Court of Rhode Island · 1910

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