Estate of Blake
Opinion
Lead Opinion
Smith, J.
This is an appeal from a decree directing the executors of the will of deceased to pay over to the appellants —who are trustees of a bequest made by the testatrix to certain charitable uses—the balance of the amount bequeathed, as found to be due by the court. The only point in dispute is as to the item of interest on $60,000 from April 30th to July 9, 1900, amounting to the sum of $805, which, it is claimed by the appellants, should have been allowed, and with reference to which the facts, as found, are as follows:—
By the terms of the will the executors were directed, upon the expiration of twelve months from the death 'of the testatrix, to pay the sum of $80,000 to certain trustees named in the will, or, in the discretion of the executors, to some other person or persons upon trusts to be expressed in some instrument securing the application of the legacy to the trusts specified in the will. Under this provision the appellants were appointed trustees by the executors; and on the application of the latter an order was made by the court, April 2, 1900, directing them to pay over to the appellants, as trustees, the sum of $60,000, and further directing them to enter into a…