In Re the Judicial Accounting of McGowan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 6, 1890, which reversed a decree of the Surrogate’s Court upon a settlement of the accounts of the executrix of the will of John F. Wallace, deceased, so far as it related to the allowance of interest upon a legacy given to William Carroll. John F. AVallace died July 23, 1885, leaving a last will and testament.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 6, 1890, which reversed a decree of the Surrogate’s Court upon a settlement of the accounts of the executrix of the will of John F. Wallace, deceased, so far as it related to the allowance of interest upon a legacy given to William Carroll. John F. AVallace died July 23, 1885, leaving a last will and testament. Objections to the probate of the will were filed, and thereafter, on March 3,1886, letters of temporary administration were granted upon the estate of said…
1Opinion of the CourtParker, J.
Two questions are presented by this appeal:
1. Whether interest on a general pecuniary legacy begins to run one year after the testator’s death or one year after the grant of letters testamentary or of administration ?
2. If one year after grant of letters, does the time begin to run from the date of granting letters of temporary administration pending probate proceedings ?
The statute provides that “ no legacies shall be paid by any executor or administrator until after the expiration of one year from the time of granting letters testamentary or of admin-, istration, unless the same are by the…
2Cases cited2 opinions
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- Bradner v. . FaulknerNew York Court of Appeals · 1855
3Cited by41 opinions
- Matter of StanfieldNew York Court of Appeals · 1892
- In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Matter of RutherfurdNew York Court of Appeals · 1909
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Leask v. HoaglandNew York Supreme Court · 1909
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