252 Mass. 510 | Mass. | 1925
This is an appeal by the petitioner, executrix of the will of William O’Shea, from a decree of the Probate Court entered February 2, 1925, in which William O’Shea, as executor of the will of Michael Hurley, is charged in Schedule A of his final account with the principal sum of $2,804.02, and interest thereon from May 10, 1913, to the date of the decree, amounting to $1,972.02. The only
William O’Shea, at the time of his death, was executor of the will of Michael Hurley, who died in 1899. In 1902, O’Shea filed an account as such executor, and after hearings in the Probate Court, appeals were taken both by the accountant and residuary legatees to the Supreme Judicial Court. A master appointed by a single justice in that court filed his report on May 10, 1913, showing a balance of $2,804.02 due from O’Shea as executor of the will of Michael Hurley. This report was permitted by the parties to remain inactive until June 21, 1921, when an interlocutory decree confirming it was entered, from which an appeal was taken by the heirs of Michael Hurley. O’Shea died November 12, 1921, and his widow, Mabel P. O’Shea, was appointed executrix of his will, and became a party to these proceedings. A final decree was entered in the Supreme Judicial Court ordering that the decree of the Probate Court charging O’Shea as executor with $15,823.86 be modified by substituting therefor $2,804.02, with the further provision that “All questions of interest, if any, are to be determined by said Probate Court.” From this decree an appeal was taken by the same heirs, and after rescript the decree previously entered was affirmed with costs. Thereafter upon hearing in the Probate Court the accountant was charged with the controverted item of interest from the date of the filing of the master’s report. The court ruled that by the provisions of G. L. c. 235, § 8, interest was thus to be added to the amount for which the master found the accountant chargeable. In the report of facts by the judge of probate, it appears that no evidence was introduced tending to show whether or not O’Shea received any interest from the funds of the estate held by him as executor.
An executor or administrator is not chargeable with interest on the money of the éstate in his hands, unless he has received interest thereon or put it to some profitable use or unreasonably detained it. Stearns v. Brown, 1 Pick. 530. Bassett v. Fidelity & Deposit Co. of Maryland, 184 Mass. 210. McIntire v. Mower, 204 Mass. 233, 235. Loring v. Wise,
Upon the record there can be no contention that the accountant has received any.interest on the funds of the estate held by him, nor that he has invested it in business. There has been a long delay in the settlement of the estate, but the interest charge was not made because of this delay, nor could it well have been so made. The first appeals from the decree on the account were taken by both parties, and the amount with which the accountant was chargeable was substantially reduced by the decree entered on the appeals. The record shows that both parties were responsible for the long delay without action after the master’s report was filed. The appeals from the interlocutory and final decrees in this court were taken by the heirs of Michael Hurley and it was not until February 2, 1925, that a decree was entered, after hearing, determining the amount for which the accountant
Ordered accordingly.