Martin v. Martin
Supreme Court of Pennsylvania
ERROR to Dauphin comity. Debt for a legacy. Peter Fertig, executor of Catharine Martin, deceased, against Peter Fertig, administrator, with the will annexed, of Marcus Martin, deceased. Marcus Martin, by his last will, among other things, bequeathed to his wife Catharine, “ eight hundred dollars, which is to be paid by my hereafter named executors, out of my real estate.”
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ERROR to Dauphin comity. Debt for a legacy. Peter Fertig, executor of Catharine Martin, deceased, against Peter Fertig, administrator, with the will annexed, of Marcus Martin, deceased. Marcus Martin, by his last will, among other things, bequeathed to his wife Catharine, “ eight hundred dollars, which is to be paid by my hereafter named executors, out of my real estate.” The testator in his lifetime, and before the making of his will, had sold his real estate, out of which the said legacy was to be paid. The following case, was stated for the opinion of the court, viz: Marcus Martin died on…
1Per curiam
The rule that general legacies bear interest from the time when they are payable, may be relaxed in favour of, but not against a legatee. A child unprovided for, is allowed interest from the time of the death; but the same favour is not shown to the widow. But nothing can postpone the accruing of interest to a period later, than the time of payment appointed by the testator.
Judgment affirmed.
2Cited by6 opinions
- Welch v. AdamsMassachusetts Supreme Judicial Court · 1890
- In re Judicial Settlement of the Account of DunnAppellate Division of the Supreme Court of the State of New York · 1896
- In Re SpencerSupreme Court of Rhode Island · 1887
- Esmond v. BrownSupreme Court of Rhode Island · 1892
- Hoffman v. Pennsylvania HospitalNew York Surrogate's Court · 1882
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