62 Pa. 139 | Pa. | 1869
The opinion of the court was delivered,
The sole question presented by the record in this case is, does the legacy of $2000 to George W. Cooper bear interest from the death of the testator? If it does, then it is admitted that the plaintiff below was entitled to recover in this action the amount of interest due at its commencement. It is clear from the terms of the bequest, that the legacy vested at the death of the testator. Where there is an antecedent absolute gift, independent of the direction and time for payment, the legacy is vested: but where there is no substantive gift, and it is only implied from the direction to pay, the legacy is contingent: Bowman’s Appeal, 10 Casey 19. Here there is a substantive gift of the money, independent of the mode and time fixed for its payment, and this distinguishes it from a contingent legacy.
But it does not follow that a legatee is entitled to interest on a vested legacy. As a general rule a legacy does not carry interest until the time it becomes payable by the terms of the bequest: Laporte v. Bishop, 11 Harris 154. But the rule is subject to the exception that where the legatee is a minor child of the testator, incapable of supporting himself, or one to whom the testator has placed himself in loco parentis, and no special provision is made for the maintenance of the legatee, interest will be allowed on the legacy, although not payable until a future time, as upon the legatee’s attaining full age. For the purpose of maintaining the legatee in such case, interest must be paid on the legacy, whether it be particular and vested, or particular and contingent, or whether it be residuary and vested or contingent. The exception is as firmly established as the rule itself: Miles v. Wister, 5 Binn. 477 ; Magoffin v. Patton, 4 Rawle 119; Seibert’s Appeal, 7 Harris 49 ; Bowman’s Appeal, 10 Casey 19: Clarke’s Ex’rs. v. Wallace, 12 Wright 80.
But it is insisted that the legatee in this case, though he has no other means of support, does not come within the exception.
But there is another aspect in which this question may be regarded. Under the provisions of the will the relation of the executor is to all ordinary intents and purposes that of a testamentary guard-, ian or trustee: Laporte v. Bishop, 11 Harris 154; and he is charged with the care of the legacy during the legatee’s minority. If
Judgment affirmed. .