Mumford v. Rochester
New York Surrogate's Court
Motion :to require Roswell H. Rochester, as executor of and trustee under the last will and testament of decedent, to account and pay oyer to the petitioner, as administratrix of two deceased children of decedent, the legacies bequeathed to them. Decedent died in July, 1875, leaving the petitioner, his widow (since re-marriecl), and four children, viz.: Annie J., aged seven ; George D., aged four; Muriel G., aged two, and Gfurdon S. Mumford, aged one year, respectively.
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Motion :to require Roswell H. Rochester, as executor of and trustee under the last will and testament of decedent, to account and pay oyer to the petitioner, as administratrix of two deceased children of decedent, the legacies bequeathed to them. Decedent died in July, 1875, leaving the petitioner, his widow (since re-marriecl), and four children, viz.: Annie J., aged seven ; George D., aged four; Muriel G., aged two, and Gfurdon S. Mumford, aged one year, respectively. His will provided as follows : “Fourth. I give, devise and bequeath all the residue of my estate, real and personal, of…
1Opinion of the Court
The Surrogate.—If I understand the respective briefs of counsel, they concede that the legacies to the four .children given by the fourth clause of thé will, became vested legacies, on the death of the testator. Roper on Legacies, p. 558, says, that when a legacy is given to a person, to be paid or payable at or when he shall, attain the age of twenty-one, or at a future definite period, the interest on the legacy shall be considered to be vested in the legatee immediately upon the testator’s death, as debitmn in prcespnti solvendum in futuro, timé being- only annexed to the payment, and not…
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