Estate of Flickwir
Pennsylvania Orphans' Court, Philadelphia County
No. 133 January Term 1890, Sup. Ct.; court below, number and term not given. On May 28,1888, Hannah C. Flickwir died, leaving a will, duly admitted to probate, giving to various individuals, some of whom were described as collateral relatives either of the testatrix or of her deceased husband, devises of real estate and pecuniary legacies; to her executors, upon certain trusts, pecuniary legacies aggregating $60,000; to various religious and charitable organizations legacies…
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No. 133 January Term 1890, Sup. Ct.; court below, number and term not given. On May 28,1888, Hannah C. Flickwir died, leaving a will, duly admitted to probate, giving to various individuals, some of whom were described as collateral relatives either of the testatrix or of her deceased husband, devises of real estate and pecuniary legacies; to her executors, upon certain trusts, pecuniary legacies aggregating $60,000; to various religious and charitable organizations legacies aggregating $180,000, and to Clara W. Jordan, Sophia Beebe, Thomas W. Sparks and Anna M. Sparks, children of a deceased…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
The act of February 24,1834, § 51, P. L. 83, provides, that “ legacies, if no time be limited for the payment thereof, shall in all eases be deemed to be due and payable at the expiration of one year from the death of the testator.” As interest only *380accrues by contract, or as damages for default of payment of money which is due, it followed that the deferring of the period of payment, also postponed the accrual of interest until a year from testator’s death. This is therefore the general rule, and it was the well-settled rule of the common law, long prior to the…
2Cases cited3 opinions
- Eyre v. GoldingSupreme Court of Pennsylvania · 1813
- Hilyard's EstateSupreme Court of Pennsylvania · 1842
- Spangler's EstateSupreme Court of Pennsylvania · 1845
3Cited by11 opinions
- Mickey Fowler v. Tracy GuerinCourt of Appeals for the Ninth Circuit · 2018
- Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Todd's EstateSupreme Court of Pennsylvania · 1912
- Hester v. SammonsSupreme Court of Virginia · 1938
- Eichelberger's EstateSupreme Court of Pennsylvania · 1895
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