Miles v. Wister
Supreme Court of Pennsylvania
THE case under which this cause was decided, stated in . . . substance that William Wister, by his last will dated the 15th of January 1800, devised and bequeathed inter alia, in the words following: “ I give unto the four children of my nephew James “ Miles deceased, namely Catharine, (the plaintiff) Samuel, “ William, and James, the sum of 400i. specie to each °f “ them; which sums I direct to be placed out on interest “ at the expiration of two years after my decease, for…
Read the full summary
THE case under which this cause was decided, stated in . . . substance that William Wister, by his last will dated the 15th of January 1800, devised and bequeathed inter alia, in the words following: “ I give unto the four children of my nephew James “ Miles deceased, namely Catharine, (the plaintiff) Samuel, “ William, and James, the sum of 400i. specie to each °f “ them; which sums I direct to be placed out on interest “ at the expiration of two years after my decease, for the “ nefit of the said legatees respectively, and the principal and “ interest to be paid as they respectively attain…
1Opinion of the Court
Tilghman C. J.
William Wist-er by his last will and testament bequeathed as follows. [The Chief Justice here read the clause on which this cause depended.] The question is whether the plaintiff is entitled to receive interest on this legacy, during her minority.
Where a legacy is given to a child payable at the age of twenty-one, without mention of interest, the general rule is, that interest shall be allowed from the death of the parent, because it must be supposed, that the parent intended to do his duty, and not leave the child without a maintenance; but this rule does not extend to legacies…
2Cited by4 opinions
- Seibert's AppealSupreme Court of Pennsylvania · 1852
- Van Bramer v. Executors of HoffmanNew York Supreme Court · 1801
- Cooper v. ScottSupreme Court of Pennsylvania · 1869
- Bitzer's v. HahnSupreme Court of Pennsylvania · 1826