In re the Estate of Kennedy

The Surrogate.

The good faith of the administratrix is found by the referee, and is manifest from the testimony. I am of opinion, therefore, that in the exercise of the discretion lodged in the court by the law with reference to imposing the penalty of compound interest, I must overrule the referee in that regard.

Compound interest is allowable in cases of gross delinquency, or as a penalty for negligence or wrong doing, or for some clear violation of a trust. There is no uniform rule of redress, but each case calls for *217the exercise of the judicial discretion of the court. Thorn v. Garner, 42…