Harris v. Allen
Supreme Court of Georgia
In Equity, in Elbert Superior Court. Decision by Judge Andrews, at March Term, 1855. The bill of exceptions and record in this case make but a single question. The testator, Singleton W. Allen, directed that his estate should be distributed according to the Statute of Distributions. He had, during his life-time, largely advanced several of his children.
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In Equity, in Elbert Superior Court. Decision by Judge Andrews, at March Term, 1855. The bill of exceptions and record in this case make but a single question. The testator, Singleton W. Allen, directed that his estate should be distributed according to the Statute of Distributions. He had, during his life-time, largely advanced several of his children. Upon a settlement of his estate, the question was, whether interest should be charged on these advancements from the date of the. death of testator, to the time of distribution. The Court below held that interest was so chargeable, and this is…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We believe that this point is, in plain terms, controlled by our Statute of December 25th, 1821. But we also incline to think, that without this Statute, and upon elementary priciples, interest cannot be allowed on these advancements.
Interest is a penalty or compensation for the withholding' of a debt. It cannot, therefore, - properly be charged on these advancements from the death of the testator, unless they are in the nature of debts. Are they so ?
*178On tbe contrary, property advanced by tbe father to a child, vests absolutely in the latter.…
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