Legal Opinion

Almy v. Probate Court of Newport

Supreme Court of Rhode Island

Decided June 7, 1894PublishedCited by 1 opinion

Appellee’s petition for a new trial. This was an appeal by one of the legatees under the will of Seth Bateman, late of Newport, deceased, from a decree of the Court of Probate of the city of Newport, made July 3, 1893, on the petition of the executors of said will for an allowance of ■ their first account. The appeal was tried in the Common Pleás Division of the Supreme Court at Newport, Mr. Justice Douglas sitting without a jury, and the following decision rendered :—

1Opinion of the CourtDouglas, J.

The appellant claims that certain payments made by .the executors were unwarranted and should be disallowed, and that the executors should be charged interest on the money kept by them on deposit from the end of the first year after their appointment, instead of from the end of the third year, as charged by the Probate Court, and at the rate of five per cent, per annum or more, instead of four per cent, as charged by that court.

1. I find that the several payments objected to were actually made ; that they were for repairs to the grounds, buildings and furniture of a summer hotel which the…

2Cases cited3 opinions

  1. White v. DitsonMassachusetts Supreme Judicial Court · 1885
  2. Riley v. Estate of McInlearSupreme Court of Vermont · 1888
  3. Ing v. Baltimore Ass'nCourt of Appeals of Maryland · 1864

3Cited by1 opinion

  1. In re the Estate of DelaneyNevada Supreme Court · 1918

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