7 Pa. Super. 401 | Pa. Super. Ct. | 1898
Opinion by
This is a controversy arising from the distribution of money in the hands of the administrator cum testamento annexo of Martin S. Eichelberger. Tins balance is claimed by the special legatee as interest upon the legacy bequeathed to it, upon the theory that the legacy which was one of $10,000 carried interest from the time of the testator’s death, and is contested by the appellant as residuary legatee. The money was awarded to the special legatee by the court below as interest upon the legacy from the day of the death of the testator. Prior to the filing of this last account the special legacy had been paid with interest from one year after testator’s death, this claim is for interest from the day of death up to the date to which interest had been paid. The act of February 24, 1834, provides that legacies, if no time be limited for the payment thereof shall in all cases be deemed to be due and payable one year from and after the death of testator. The provisions of the act of 1834 must prevail in the payment of interest unless there be language or
Decree reversed at the costs of the appellee, and record remitted with instructions to allow appellant’s claim to the balance in the hands of the administrator less the costs of audit.