New Jersey Law Reports Volume 19

New Jersey Law Reports Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843 edition. Excerpt: ...called on the defendant and stated, that he had admlinlstered on. the estate 0f the said Elizabeth Lake, and requested payment of, the 'legacy, to him. The defendant upon that occasion admitted, . that the legacy was in his hands, and would payit to him, if upon inquiry, it 'was ascertained, he was entitled, to receive it; but no lltrther demand was made upon him by the said John Lake.-1 It is further admitted by the state of the case, that neither the plaiutiff n'or any other of the heirs at law of Elizabeth Lake 'dec. are at this time residents of this state, nor have they been, at any time since the death of Joseph Lanning, the testator. Under tliesecircumstances, for what time is the 'defendant le gally chargeable with interest? If it appeared by the state of the case, or if' it could bere, asonably inferred from the facts therein ' stated, that the executor had used this money in trade or by loan, or had mingled it with, or used it in co_mmonwith his own, t he ought, according to the principles settled by this court, in the-f1d1ninist'ral0rs.of 'V00rkeee v. The Executors of Voorhees, 7 Halstead, 145, to be chargeable_with interest. I can find however, nothing in the case to justify such an inference. The legatee died in the state ol"_Georgia, 'in 1816, and the defendant's final account was allowed and approved by the Orphans' Court in 1817; he was consequently liable to be called upon at any time afterwards, for the amount ofthe legacy, by her representatives. Uponthe only two occasions when he was called upon to pay by, persons professing to, be, authorized, he stated he had the money LAKE Adrnr. v. PARK EXP.-. in hand and was ready to pay, it they had authority to receive it; but in' more

Product details

  • Paperback | 82 pages
  • 189 x 246 x 4mm | 163g
  • United States
  • English
  • black & white illustrations
  • 1236924916
  • 9781236924919