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· 4/28/1913

Keech's Estate

Citations

  • 240 Pa. 491
  • 87 A. 623
  • 1913 Pa. LEXIS 702

Syllabus

<p>Wills — Construction—Legacies—Interest.</p> <p>1. The general rule is that if no time be limited in a will for the payment of legacies, interest runs thereon from a year after the testator’s death.</p> <p>2. Where, however, a legatee, is a minor child, incapable of supporting himself, interest will be allowed from the death, and where the testator has given a legacy in trust until the beneficiary attains a certain age, he makes such age the limit of incompetency. Until then he will not in the judgment of the testator be capable of prudent management of his bounty, and in such ease interest will be allowed from the death.</p> <p>3. Testator by will gave a legacy to each of three children, providing “they, however, to receive only the income of said one hundred thousand dollars each until they each arrive at the age of thirty years, when they are to be paid the principal, if then living,” with a gift over in the event of the death of the children under certain circumstances, and further providing: “I direct my executors hereinafter named, to properly invest said sum of three hundred thousand dollars which I leave to my said three children, and to pay to them the income thereof till each child reaches the age of thirty years, if they should so long live.” Meld, interest should be allowed on the legacies from the death of the decedent.</p>

Judges: Elkin, Fell, Moschzisker, Potter, Stewart

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