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· 2/28/1908

Kerr's Estate

Citations

  • 35 Pa. Super. 350
  • 1908 Pa. Super. LEXIS 40

Syllabus

<p>Executors and administrators — Wills—Legacy—Interest.</p> <p>Where an administrator is prevented from an immediate distribution of a legacy by reason of litigation over the ownership of «hr by third parties, and is compelled to hold the fund ready for distribution at any time the litigation may end, he is not liable for interest on the fund, where it appears that he kept it in a bank where it earned no interest. In such a case the fact that the fund was kept in the administrator's own individual account in a bank in which he was a stockholder, is immaterial, where it appears that a sum much larger than the legacy was at all times in the account, and there is nothing to show that the administrator personally profited by the deposit of the legacy in the manner stated.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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