Hoskinson's Estate

Citations

• 268 Pa. 447
• 112 A. 125
• 1920 Pa. LEXIS 714

Syllabus

<p>Wills — Legacy—Interest on legacies — Waiver of parties — Act of Feb. 2b, 188b, P• L. 78, section 51.</p> <p>1. A legacy bears interest from tbe time payable under tbe terms of tbe will, and, in absence of a provision to tbe contrary, interest begins to run from the expiration of a year from testator’s death, under the Act of Feb. 24, 1884, P. L. 73.</p> <p>2. Where the time of payment is deferred by testator, interest is not chargeable until the expiration of that time, unless the relation between testator and the legatee is such that the law infers an intention to pay interest.</p> <p>3. Where a testator gives lands to his sons at a value to be fixed by appraisers, and the sons are required to account for such valuation in final settlement, and a final account is not possible until certain mining rights reserved by the will have been sold, and there is no provision in the will for the payment of interest by the sons, and all parties acquiesce in a postponement of the sale for several years, the sons will not be charged with interest until final settlement, although the will directs that the mining rights shall be sold within a reasonable time after testator’s death.</p>