Estate of Boyce
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dane county: A. G. ZimmiírmaN, Judge. The action was brought to construe certain pacts of the will of Anna M. Boyce, deceased. Objections were raised to the final accounting of the administrator of the estate.
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Appeal from a judgment of the county court of Dane county: A. G. ZimmiírmaN, Judge. The action was brought to construe certain pacts of the will of Anna M. Boyce, deceased. Objections were raised to the final accounting of the administrator of the estate. The residuary clause construed by the court was as follows : “I give, devise, and bequeath the rest and residue of my estate as follows: To my daughter, Clara L. Hersey, one third; to my daughter, Anna L. Boyce, one third; to my daughter-in-law, Maud W. Boyce, one twelfth; to my granddaughter, Jessie W. Boyce, one twelfth; to my grandson,…
1Opinion of the CourtSiebecker, C. J.
The court allowed interest on the bequests made to Anna L. Boyce, Clara L. Hersey, and Ruth Boyce Hersey from the expiration of a year after the death of the testatrix. The court acted upon the generally recognized legal rule that a general legacy becomes due and payable at the end of the year following testator’s death, and that it bears interest from the time it is due. Will of Barrett, ante, p. 313, 181 N. W. 220.
It is urged that no interest should have been allowed on these legacies because the contents of the will indicate an intention b]*- testatrix that the legacies should not be due…
2Cases cited2 opinions
- Will of EhlersWisconsin Supreme Court · 1913
- Wisconsin Trust Co. v. MileyWisconsin Supreme Court · 1921
3Cited by5 opinions
- Read v. ReadWisconsin Supreme Court · 1923
- Estate of Heisserer v. LoosMissouri Court of Appeals · 1985
- Bayley v. SloperMassachusetts Supreme Judicial Court · 1928
- Caton v. American Security & Trust Co.Court of Appeals for the D.C. Circuit · 1927
- Will of ForsterWisconsin Supreme Court · 1928