New York Court of Appeals

Samuel Herbert Brown, by Guardian v. Odle C. Knapp as Administrator

December 2, 187979 N.Y. 136

Summary

The Court held that a legacy to a minor, where the testator acted in loco parentis, bears simple interest at six percent per annum from the testator's death, and that the executor who is also devisee of real estate is personally liable for the legacy and interest, with the real estate charged; the action was properly brought in New York and the lower court's judgment was reversed and remanded for correction.