Estate of Perkins v. Hollister
Supreme Court of Vermont
Appeal by defendant from a decree of tbe Probate Court in the settlement of his account as executor of the estate of Eufus Perkins. Heard on a commissioner’s report, September Term, 1885, Eutland County, Veazey, J., presiding. Judgment on the repoiL allowing only simple interest against the defendant. Exceptions by the plaintiff. The case appears in the opinion. The executor is chargeable with the highest legal rate of interest on the money mingled with his own. McOoshey y.
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Appeal by defendant from a decree of tbe Probate Court in the settlement of his account as executor of the estate of Eufus Perkins. Heard on a commissioner’s report, September Term, 1885, Eutland County, Veazey, J., presiding. Judgment on the repoiL allowing only simple interest against the defendant. Exceptions by the plaintiff. The case appears in the opinion. The executor is chargeable with the highest legal rate of interest on the money mingled with his own. McOoshey y. Gleason, 56 Vt. 264; Spaulding v. Wakefield, 53 Vt. 660; Farwell y. Steen, 46 Vt. 678 ; Boynton v. Dyer, 18 Pick. 1;…
1Opinion of the Court
*349The opinion of the court was delivered by
Walker, J.
The sole question presented in the argument of this case is what rate or amonnt of interest shall be charged to the defendant Hollister on the trust fund that has been in his hands since 1858 as executor of the last will and testament of Rufus Perkins.
The commissioner appointed to take and state the executor’s account of the trust funds charged him in the accounting with simple interest on the funds of the estate from the time he received them, and credited him with the disbursements made with simple interest thereon, and allowed him nothing…
2Cases cited4 opinions
- Barney Ex Rel. Woodhull v. SaundersSupreme Court of the United States · 1854
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Phelps v. SladeSupreme Court of Vermont · 1838
- Findlay v. SmithSupreme Court of Pennsylvania · 1821
3Cited by10 opinions
- Wheeler v. BoltonCalifornia Supreme Court · 1891
- St. Paul Trust Co. v. StrongSupreme Court of Minnesota · 1901
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Douglas v. WestfallCalifornia Court of Appeal · 1952
- In re the Estate of YoungSupreme Court of Iowa · 1896
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