Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-11-04
J. !. DARDEN, EX'T'R ETC. o. GRIFFITH OR
GAIN AND WIFE, EFT AL.

>. -. DAiDENs Ia r r., ETC. GRIFFITH OF
GAIN AND WIFE, EFT AL.
The question presented ia this record arises ON Il
will Of Henry Hatcher, deceased, which, among other
contains the following provisions:
The teator, after providing for the payment Of deb
and funeral expenses Of any moneys that may con
o. The hands Of his executor proceeds in the sccon
clause. % dispose OF three negroes under tho same n
strctions, which IL is unnecessary further to notice
In tho third clause he continues I dcsre my ira,
o land o. be sold BY my cxocrtor and give him powt
% transfer the same lying IN district No. l. Mongomcr
county, containing about two hundred acres Terms
one-tmrd 70 be paid ia cash 20 executor and the r.
maud1r 60 be divided into annual instruments wit
bond and good 7ec1rity; lien the propedy until tb
der '''' ''' '''' 70 DC SOFA TO me n's0''i 0d
"Fourhly. I give to SaIlic ORGAN. NV sister. tbre
thousand dollars IN money, from the sale Of my land
De paid over 70 her by my executor, TO be invested n
such property ne she noeds and ut her death tho prop
erty 70 be divided equally among her children"
Filthy give TO Mary Susan Hatcher my niece q
negro man now in my possession named John who i
about twenty-sX years old. I also bequcath to Mary
susan Hatcher eight hundred dollars from the sale Of
my lands"
"Sxthly. I give 10 my niece. Jane Hatcher. two
thousand dollars from the sale Of my land the remain
der Of money from the sale Of land If any, to be divided
equally between my two nieces Mary Susan Hatcher and
Jane Hatcher
There other cau,os in the will which IT is unne
cosay in tho decision of the question now presented Ia
notice The entire will at former Of this court
was construed, and Il only remains % determine
question of interest arising the legacy Of s. 600 Ia
salie Orguiu ~
The contest the former hearing in this case appear
70 have been IN relation 10 the funds which were 10 he
charged with the payment Of debts On the ono hand il
was conended that the ogateos should contribute eauaI
y 60 the payment Of debts and the ether it was ar
gued mat The surplus proceeds Of the land were to he
viewed a. residuary fund and as such first to be an
piled 10 the discharge Of the debts
The court held that the logacics TO Sale ORGAN.
Mary r. Hatcher and Jane Hatcher were demonstrated
logaces and payable OF the proceeds Of tbc lands
he
plus of that fund.- which surplus was in the nature Of
redusy Request and therefore first liable 10 he applied
70 the discharge Of the debts Of the estate. Dardcn
ocutor, etc Is, Hatcher ct al, I Col, 5l3.
Ia b conceded that the funA arising from the sale of
the land was sufficient 70 pay or the cgacies charged
upon a. ana the debts due from the estate and also.
that the executor has executed the trusts imposed up
on him by the will in any event 10 be- chargeabe
with interest on the legacics de proDriis bonis
The former decision Of this court having settled the
character Of these ogacos, and the ind FIRST liable for
the payment Of debts there remains but single question
ior our determination and that is whether Sanie Or
gam entitled 10 interest the legacy bcnueath od t
her: and II 60, from what time
Interest j. payable money in general on the ground
OF delay in liquidation Of the principal So also with
respect to logacies t may be stated rs general rue
that u Is payable On them from the time at which the
principal becomes actually due Ropor on Lep ISi
Blu very well defined distinction is taken bctvcon
specific and general egaces.
The former considered severed from tho buk If
the tosators property by operation Of the will from the
with their increase and cmolumcu for the benefit of the
ogatoo from that period; that interest is computed
on Them from the death Of ne estator and IL Is mma-
teria whether the enjoyment Of the prncipa posfnon
ed by the tcstator 20 further period or not Williams
on ExtE l2S3 Roper Leg, lS5 SEQ, also Jones
vs. Ward, 10 Yer, l6S Not SO with tho latter or zen
' 'eKa'le' the' IN their nature carry interest in
the oase OF other claims with that incident hut the inter
e s computed from the time the PRINCIPAL is due and
payable such time can be inferred from the will but
II not and no time Of payment IS fixed the law for con
nv laHH .aN q II
shall be computed from tho end of one wear fo, ~
estaiors death Williams on Ext'r 2ss. Roncr
"a Leg. 1855; also Mills Admir- W.. Mills et ali.
Head 7O5. '''
But the legacy 60 SaIe ORGAN. in tho f,rr,o- ,,ii
y this court, in his case held TO be demoBstra
ion legacy and therefore strictly general or spcci
&c. legacy Of quantity is ordinarily general legacy
ut there are egactcs, Of quantity in the nature f -
10 iogacies as Of 30 much money with reference ~
artioular fund for payment. This Kind of legacy n,
as previously determined in this case is called by ,b
1iaIs . demonstration legacy; and il is far gOn-
a ana OILERS 50 much 10 effect from properlv gpo
hc that II the fund be called ia or fail the lcgatee will
ot generally be deprived If his legacy but be pemit,d
receive II out Of mo general assets Yet the legacy is
Jar specific that 1t viii not be liable to abate with
onSral Hg'cles upon deficiency Of assets Williams
D Executors, L042 Roper on Legaees. I5s.
~ may however, be remarked that dOmonstratiye leg
.'es OF money, payable out OF particular fund con
run IN many respects moro b the incidents and analo
e OF general than Of specific lcgacies Redfeld ON
ms S<s' And IN this view. well as the general H.
posien OF courts Of equity declare legacies spoc
anu tae circumstances surrounding this case tre arc
me opinion that the legacy b Mrs Orran does NOT
- "'hlh the rule governing that favored class of era
Nnien carry interest from the death Of the testafor
N'i directs the executor 10 sell the land ont OIL
IN ne egAcy IN question Il to be raised for onetbird
purchase money IN hand, and the remainder nav {,
W M Two annual instalmtuts. The ale was rrr,ntl,
~ ~ partuance OF the provisions 81 the win One
~ ~ purchase money paid down and notes |
Iotu''u oy the Will, taken for the other tro bir5s /
y uI Payaole al one and two years without intcr.st
~ I tea'a'oF does not IN terms FIX the time a.
~ iesS'ios charged on the land are 10 he mia
-. !" = panty lnierable that he did not eonteurIste
"a ta'then' un'll The funds necessary TO DO Al rop5
ise~ from the sale Of the land, uron the terms All
o ls De had himself prescribed. II follows tbere >
~ a necessary sequence, that the legaties were dpe
- ue hAcd by the testator 10 Iaise the fund for
~ payment and that Mrs. Ofgain is entitled n ;,,r
oie proportion Of the cash payment from tho Cd
~ ,Ae sale Of the land, and interest on tho vc7n.;r
'l hrf legacy from the time th, 6rst moi. an ~, =
~ y ,ainea Interest, in Dsceiuher Is5s
= 'an make no difference. IL any mar or tlo ,Y
- sa'e ~ The land tnkcn Nv ibo cv,,.rt,- - -
s'No,Al creditors ~ the csta e. n. 81 49,. - p,
'''i 'eCition 81 this court orr h.a =, - | [
: -. 20 me rosituary surplus rep,ai,;,- - II
! 80 -, -'ns'ia'l'c legacAef ind a nay,,s,, - | -
executor 81 any part q Tie Dc - b.f ieut, oy "a
u Puf was ascertantd, only operated 70 reI;S m
?" 81 interest which would havl nocumpls,as - "a fol
bts and y must now be charged With Tie in,o va me
on me legacy TO Mrs- oTgain or above In 5cs,i 90
mo decree Of the Chancellor b. erroneous sr8 -
modihed according 70 the PRINCIPLES announce ~
s opinion. MTiTTGaN Id IN
Attest J. q. FRAZIER, Clerk s' n