Pearson's Estate

Citations

• 251 Pa. 612
• 97 A. 71
• 1916 Pa. LEXIS 514

Syllabus

<p>Decedents’ estates — Legacies — ■Interest on legacies — Wills — Construction.</p> <p>1. Interest on a legacy will be payable, either from the date of the testator’s death, or from one year thereafter, depending upon the relation in which the testator stood or which he assumed toward the object of his bounty. If the legacy is coupled with an intention to maintain or educate the legatee, so that it appears that the testator assumed to stand in loco parentis towards the legatee, interest on the legacy will accrue from the date of testator’s death; but if the legacy'is uncoupled from such intention, interest will begin to run from one year after the death of the testator.</p> <p>2. Where a testator bequeathed a sum of money in trust for the benefit of his niece, said sum “to be paid by my executors and trustees at their discretion and as they may determine to be for her advantage, for her education and maintenance, or to start her in business,” the intention of the testator to stand in loco parentis toward his niece was disclosed and the court properly decided that the legacy bore interest from the date of testator’s death.</p>