Wheeler v. . Ruthven
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a decree of the surrogate of the county of New York, upon settlement of the accounts of the executors of the will of Catharine Ruthven, deceased. (Reported below, 13 Hun, 530.) The facts appear sufficiently in the opinion. The property of the testatrix being derived by legacy in her father’s tvill became vested in her at and from the time of his death.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a decree of the surrogate of the county of New York, upon settlement of the accounts of the executors of the will of Catharine Ruthven, deceased. (Reported below, 13 Hun, 530.) The facts appear sufficiently in the opinion. The property of the testatrix being derived by legacy in her father’s tvill became vested in her at and from the time of his death. (Birdsall v. Hewlitt, 1 Paige, 32.) Interest on each legacy should run from the time it became due and payable, viz.: At and from the…
1Opinion of the CourtAndrews, J.
This case involves the consideration of the rule governing the right to interest on legacies, and the question is presented under peculiar circumstances. The testatrix, an unmarried woman, died October 28, 1862, leaving a will dated August 20, 1862, by which she gave twenty-one general legacies, amounting in the aggregate to $31,500, and directed that in case her real and pesonal estate was insufficient to pay all the legacies, the first fifteen legacies, (amounting together to $28,500), should be first paid, and that the balance of her estate if any, should be applied to the payment, pro…
2Cited by26 opinions
- Matter of RutherfurdNew York Court of Appeals · 1909
- Hermann's EstateSupreme Court of Pennsylvania · 1908
- In re the Estate of HarnedNew York Surrogate's Court · 1931
- Whiteside v. Washington Loan & Trust Co.Court of Appeals for the D.C. Circuit · 1937
- In re the Estate of LathersNew York Surrogate's Court · 1930
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