Loring v. Woodward
Supreme Court of New Hampshire
Assuiupsit, brought by John Loring and wife against Abner B. Woodward. The writ was dated September 16, 1869, and was brought against the defendant as executor of the will of Peggy Puller, of Francestown, deceased, to recover the dividends on certain stocks. It was agreed that Peggy Puller made her will on the ninth of January, 1858, and died on the eleventh of February following; and her will was proved, in solemn form, on the sixth of July, 1859, and no appeal was taken.
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Assuiupsit, brought by John Loring and wife against Abner B. Woodward. The writ was dated September 16, 1869, and was brought against the defendant as executor of the will of Peggy Puller, of Francestown, deceased, to recover the dividends on certain stocks. It was agreed that Peggy Puller made her will on the ninth of January, 1858, and died on the eleventh of February following; and her will was proved, in solemn form, on the sixth of July, 1859, and no appeal was taken. The will contained, among other items, the following: “ I give and bequeath unto my sister-in-law, Desire Lor-ing, one…
1Opinion of the CourtBell, C. J.
The rules for the allowance of interest on legacies where the will is silent on that subject, seem quite simple and well settled. If a pecuniary legacy is payable generally without designation of any time of payment, it is payable at the end of the year from the death of the testator, without interest; but if not then paid, it bears interest after the expiration of the year. Wood v. Pinoyer, 3 Ves. 333; Gibson v. Ball, 7 Ves. 96; Webster v. Hale, 8 Ves. 410, 413 ; Benson v. Maude, 6 Madd. 15; Freeman v. Simpson, 6 Simons 75; Sullivan v. Winthrop, 1 Sum. 1; Williamson v. Williamson, 6 Paige…
2Cases cited6 opinions
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Fish v. HowlandNew York Court of Chancery · 1828
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Brainerd v. CowdreySupreme Court of Connecticut · 1843
- Sullivan v. WinthropU.S. Circuit Court for the District of Massachusetts · 1829
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3Cited by2 opinions
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