Dunne

The question here presented is, whether certain legatees named in the will of Nannie Walsh, deceased, are severally entitled to interest on the amounts pf their respective legacies from a date one year after the grant of administration.

The Civil Code provides (in substantial accordance with what is claimed to be the common law), that “legacies are *247 due and deliverable at the expiration of one year after the testator’s decease;” and that “legacies bear interest from, the time when they are due and payable, except that legacies for maintenance, or to the testator’s widow, bear interest from the testator’s decease.” (Sections 1368-9.)

In the present case, the testator died ,more than a year prior to the adoption of the Civil Code and Code of Civil Procedure. Prior to the time when the latter took effect, the Probate Act constituted in itself a complete probate system, and that act contained no provision allowing interest, as here prayed for.

We are also of opinion—and such seems to have been the uniform ruling—that the act of 1850, “to regulate the interest of money ” (as amended), was intended to prohibit interest when not provided for by written contract, except in the…