Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-02
LEGAL.
Decision Of the supreme Court of Ten
nessee. AT Nashville, December Term

neSsee. at NoShNtites DecehhDeE hNi"''
1857.
Reported for the Union and Dispatch by ;. ,.
Henderson, Attorney at Law
Interest is payable on legacies from the time at
which the principal becomes actually due. IL
iscomputed on specific legaeies from the death
Of the testatoT and on general legacleS' II no
time Of payment is fixed, the interest snail be
computed from the cad Of one year from the
testators death.
J. J. Darden, executor, etc, Ds Griffin Organ
and wife, Il al.
The question presented in this record
arises on the will Of Henry Hatcher, de-
ceased, which, among Others, contains the
following provisions.
The testator, after providing for the pay
ment of debts and funeral expenses out OF
any money that may come TO the hands oil
the executor, proceeds, in the second clause,
TO dispose Of three negroes under some re-
strictions which il is unnecessary further
te notice.
In the third clause he continues:
desire my tract Of land 10 be sold by my
executor, and / give him power to transfer
the same, lying in district No. ], Mont
gomery county, containing about two hum
dred acres. Terms, one third to be paid
in cash 10 my executor, and the remainder
10 be divided into two annual instruments,
with bond and good security, lien on the
property until the money is paid; said
land 10 be sold &c the highest bidder"
Fourihly. / give TO Sallie Organ, my
sister. three thousand dollars in money
from the sale Of my land, TO be paid over
10 her by my executor, TO be invested in
such property as she needs and at her
death, the property TO be divided equally
among her children"
"Fifthly. give TO Mary Susan Hatcher,
my niece, a negro man, now in my posses
sion, named John, who is about twenty-six
years old. / also bequeath TO Mary Susan
Hatcher eight hundred dollars from the
sale Of my land"
"Sixihly. give TO my niece, Jane Hatch
er, two thousand dollars from the sale Of
my land me remainder of money from
the sale of land, if any, to be divided
equally between my two nieces, Mary Su-
san Hatcher and Jane Hatcher"
There are other clauses in the will which
IL is unnecessary in the decision Of the
question now presented TO notice. The en-
tire will at a former term of this court was
sustained, and il now only remains to de-
u Huthtibu VI lHtSiNne dti0ihB oh
the legacy Of $4,000 to Sallie Organ.
The contest on the former hearing, in
this case, appears 10 have been in relation TO
the funds, which were TO be charged with the
payment of debts. On the one hand it
was commended that the legaiees should con-
tribute equally tG the payment of debts
and on the other, il was argued that the
surplus proceeds Of the land was TO be
viewed as a residuary fund, and as such,
first TO be applied to the discharge Of the
debts.
The court held that the legacies to Sal
lie Organ, Mary s. Hatcher and Jane
Hatcher, were demOAstrdtige legacles, and
payable out Of the proceeds of the land,
which Immediately proceeds the DISPOSE
ton Of the surplus Of that fund, which sur
plus was in the nature Of residuary
bequest, and therefore first liable to be app
piled 20 the discharge of the debts of the
estate, Darden; executor, etc, as. Hatcher,
Il a. Col. 5l3.
Il is conceded that the fund arising
from the sale of the land, was more than
sufficient to pay of the legacies charged
upon il, and the debts due from the estate
and also that the executor has so executed
the trusts imposed upon him by the will,
as not, in any event, to be chargable with
interest on the legacies de propriis boRis.
The former decision of this court having
settled the character Of these legacies and
the fund first liable for the payment Of
debts, there remains but a single question
for our determination, and that is whether
Sallie Organ is entitled 20 interest on the
legacy bequeathed 20 her; and if so, from
what time?
Interest is payable on money in general,
on the ground of delay in liquidation Of
the principal; 80, also, with respect 10 legs-
cies. IL may be stated a. a general rule,
that il is payable on them from
the time az which the principal becomes
actually due, 2 Roper on Leg. 1874 But
very well defined distinction is taken be-
tween SpociGc and general legaeies. The for
mer are considered az severed from the
bulk ofthe testatOr's property by operation
Of the will from the death of the testator;
and as specifically appropriated with their
increase and emoluments for the benefit of
the legatee from that period, so that inter
est is computed on them from the death Of
the testator, and il is immaterial whether
he enjoyment ofthe principal is postponed |
by the testator 90 future period or not,
2 Williams on Executors, 1888; Roper |
m Leg. 1855. See also, Jones as Ward 10 |
Yer. les. Not 40 with the latter or general |
legacies. They, in their nature, carry inter
est as in the case of other claims with that
bat the interest is computed from
the time the principal is due and payable,
il such time can be inferred from the will,
but il not, and no time of payment is
fixed the law for convenience has provi-
ied the general rule, that interest shall be
from the end Of one year from
The lestators death Williams on Exc
cutors 1884 f; . Roper on Leg. 1856 also
Mills administrator rs. Mills and others,
? Head 795.
But the legacy TO Sallie Grgain, in the
former opinion Of this court, in this case,
was held 10 be demonstrating legacy, and,
therefore, not strictly general OF specific. A
legacy Of quantity is ordinarily a general
legacy; but there are legacies of quantity
in the nature of specific legacies, as il so |
much money with reference TO a par
ocular fund for payment This Kind |
Of legacy, as was previously deter |
mined in this case, is called by the |
civilians dcmonstndtire legacy; and il is |
70 Ear general and differs 50 much in effect |
rom one properly specific, that If the fund |
be called in, or fail, the legaiee will not !
generally be deprived Of his legacy, bat be |
permitted to receive it out of the general |
lssets yet the legacy is so far specific that
( will not be liable 10 abate with general |
egacies upon a deficiency Of assets, ? Viii |
Jams on executors, 1912; l Roper on Leg, |
5S.
IL may, however, be remarked, that de-
nossrative legacies Of money, payable out /
4 4 particular fund, conforms in many re-
pecis more TO the incidents and analogies
Z general, than Of specific legacies Red
ord on Wills, 529; and in this view, as the
eneral indisposition Of courts of equity
0 declare legacies specific, and the cir
surrounding this case, we are
( the opinion that the legacy 10 Mrs. Or
ain does not fall within the rule govern
ng that favored class Of legacies which
Ihich carry interest from the death Of the