Cobb v. Stratton's Estate

Citations

• 56 Colo. 278
• 138 P. 35
• 1913 Colo. LEXIS 334

Syllabus

<p>1. Evidence — Presumption—Official Action — Nothing appearing to the contrary it will be presumed that an order of the county court for the payment of a legacy, as required by statute (Rev. Stat. see. 7234) was made at the earliest possible time.</p> <p>2. Wnm — Legacy—When Payable — Interest—Under the statute (Rev. Stat. secs. 7234, 7237) a legacy, though a charge upon the estate of the testator, when the will fixes no definite time of payment, is not payable until an order is made by the county court directing its payment. Until the entry of such order the legatee can make no lawful demand for it, and if interest is allowable it begins to run only from the date of the order. The right of the legatee to interest on a legacy is to be adjudged by the statute and in view thereof the common law rule upon the subject has no application here.*</p> <p>3. Interest — When Allowed■ — Legacy—In the absence of contract interest is recoverable only in the cases enumerated in the statute, or where it may be allowed as damages for the wrong or negligence of the defendant. Under our statutes no provision is made for interest upon a legacy.*</p> <p>4. Statutes — Construed—The statute providing that creditors shall be allowed interest upon moneys due “on any bond, bill, promissory note, or other instruments of writing” (Rev. Stat. § 3162) the phrase quoted must he interpreted to mean “other Uhe instruments of writing,” i. e. those based on contractual relations, and importing mutuality. A will is not in this category.</p>