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Home > History and Archaeology > History > Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 52
Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 52

Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 52


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...that another trustee be appointed. Matter of Lynch. Calvin, S.--It is consented that the executrix be allowed to resign, and the only question submitted is, when the interest on the sum left for the benefit of Ann Mahoney began to run. The language of the will in that respect is as follows: "I give to the executors of this, my will, the sum of $1,500 in trust, to invest the same and pay the income thereof to my sister Ann, wife of Martin Mahoney, of Saratoga Springs, during her life, and upon her death, to pay said sum to her children surviving her in equal shares." It is conceded that the personal property of the estate was not alone sufficient to pay the debts, but, together with the rent of the real estate, it was sufficient. That there was one parcel of real estate sold January 6, 1877, for $15,500, which sum, after deducting $5,000 of a prior mortgage, paid the legacies, and left but $5,000 to Mrs. Lynch. The legatee claims interest from May 31, 1875, the date of the death of the testator, and admits the receipt of fifty-two dollars and fifty cents on account. The executrix claims that interest runs only from July 20, 1876, a year from the date of granting letters. Williams on Executors, at page 1221, states the general rule to be, that general legacies in their nature carry interest, and that interest is computed from the time at which the principal is actually due and payable, and that the executor is allowed by law one year from the testator's death to ascertain and settle his affairs, at the end of which time the court, for the sake of greater convenience, presumes the personal estate to have been reduced into possession. Upon that ground interest is payable from that time, unless some other period is fixed by the will; and the learned au...


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Product Details
  • ISBN-13: 9781130456714
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 224
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1130456714
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr

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Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 52
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