Harward v. Hewlett
New York Surrogate's Court
Application by executor, for the judicial settlement of his account, and for distribution of the surplus in his hands. Isabella Harward, an infant legatee, and others, were cited and appeared on return of the citation. The account contained a charge of $75 for expenses of final accounting and services rendered to the executor by his attorneys.
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Application by executor, for the judicial settlement of his account, and for distribution of the surplus in his hands. Isabella Harward, an infant legatee, and others, were cited and appeared on return of the citation. The account contained a charge of $75 for expenses of final accounting and services rendered to the executor by his attorneys. The testator, by his will, gave to his granddaughter all his clothes, bed and bed-clothes, and a legacy of $1,000, to be paid to her at the age of twenty-one years ; but, in case she should die before arriving at that age, he gave to her mother, from…
1Opinion of the Court
The Surrogate.
As a general rule, a legacy only draws interest from the time it becomes payable, unless it is otherwise expressed in the will.
To this rulé there are several exceptions, and one is *332where the testator was the parent, or stood in the relation of parent, to the legatee, and such legatee is an infant, and has no other provision nor any maintenance, in the meantime, allotted by the will. The rule is based upon the presumption that. the testator, in such case, must have intended that the legatee should in the meantime be maintained at his expense, thus discharging his moral obligation…
2Cases cited2 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- McLoskey v. ReidNew York Surrogate's Court · 1857
3Cited by3 opinions
- In re the Judicial Settlement of the Accounts of BronnerNew York Surrogate's Court · 1899
- In re the Estate of HierAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Judicial Settlement of the Account of CochraneNew York Surrogate's Court · 1890