Findlay v. Smith
Supreme Court of Pennsylvania
APPEAL. THIS was an appeal from the Orphans’ Court of Westmoreland county, by the executors of Henry Hoffman, deceased, who settled their administration account in that Court.
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APPEAL. THIS was an appeal from the Orphans’ Court of Westmoreland county, by the executors of Henry Hoffman, deceased, who settled their administration account in that Court. There were several items of which the appellants complained, but the points to which the consideration of the Court was now directed, were: 1st, Whether the executors were liable to be charged with interest on the money of the testator which came to their hands, and to what amount, and 2d, What share of that interest belonged to Eleanor Hoffman, deceased, the widow of Henry Hoffman. These questions depended on the will…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman, C. J.
The validity of the Act of Assembly, or of the devise to the church, have not been questioned by either party. The devise of what money might be in, hand or indebted to the testator, would comprehend all debts due to him, and all interest accruing on those debts to the time of payment to the executors. The- interest so accruing cbuld not be separated from the principal. It was to be considered as part of the debt at the time it was'paid; it was an accessary which adhered to the principal, and could have had no existence without it.…
2Cited by2 opinions
- Estate of Perkins v. HollisterSupreme Court of Vermont · 1887
- Dietterich v. HeftSupreme Court of Pennsylvania · 1847