Curtis v. Curtis

The Chancellor:

First, with respect to the $3,700 of Curtis Paper Company notes, the solicitors for Alfred A. Curtis, the legatee named in the seventh item of the will, concedes that his client can make no claim thereto. The concession appears to be entirely justified. The notes are properly to be -regarded as having been accepted by the testatrix in full satisfaction of the overdue interest as cash would have been. Had the testatrix been paid $3,700 in cash, certainly the legatee of the bonds could lay no claim to it. No more can he claim the notes. The executors should, therefore, treat the…