Huston's Appeals
Supreme Court of Pennsylvania
APPEAL from the decree of tho orphans’ court of Cumberland county, by Thomas M’Cullough, guardian of the children of James Huston, deceased. The following facts were agreed upon. John Harper administrator de bonis non, with the will annexed of William Huston, deceased.
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APPEAL from the decree of tho orphans’ court of Cumberland county, by Thomas M’Cullough, guardian of the children of James Huston, deceased. The following facts were agreed upon. John Harper administrator de bonis non, with the will annexed of William Huston, deceased. September 4, 1839, his account being presented and passed by the orphans’ court, there was found a balance in his hands of 11,878 dollars and 99 cents, subject to distribution according to the will of the said William Huston. A rule was granted to show cause why the same should not be distributed. All the parties in interest…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
A legacy payable at a future day does not carry interest until after it is payable, unless in the case of a legacy to a child, when the parent has made no other provision for its maintenance. And it seems that the exception does not extend to the case of a grandchild; Lupton v. Lupton, 2 Johns. Chan. 628; Heath v. Perry, 3 Atk. 101. In this will, although the payment of the legacies is postponed until the grandchildren severally attain the age of twenty-one years, and consequently without some modification or qualification would come within…
2Cited by3 opinions
- Eichelberger's EstateSupreme Court of Pennsylvania · 1895
- Koon's AppealSupreme Court of Pennsylvania · 1886
- Vogt's EstatePennsylvania Orphans' Court, Philadelphia County · 1928