Von Der Horst v. Von Der Horst

Citations

• 88 Md. 127
• 41 A. 124
• 1898 Md. LEXIS 195

Syllabus

<p>Interest on Pecuniary Legacy Payable in futuro — Person in Loco Parentis.</p> <p>The general rule is that a pecuniary legacy bears interest only from the time when it is made payable, although previously vested, unless the testator stood in loco parentis to the legatee, or there is something in the will to show testator’s intention to give interest in the meantime.</p> <p>A person in locos parentis is one discharging parental duties. The mere fact that a grandfather gives legacies to his grandchildren does not create the relation.</p> <p>A grandfather bequeathed pecuniary legacies to his grandchildren “ to be paid to them as they respectively arrive at the age of majority, but should either one or more of said children die before arriving at the age of majority, then the share to which such child would have been entitled if living, shall go into the residue of my estate.” Held: 1st. That these legacies are vested but defeasible upon a condition subsequent.</p> <p>2d. That the legacies do not bear interest but each grandchild will be entitled upon attaining his majority to receive only the precise sum mentioned.</p>