When the plaintiff attained her majority she applied to the executors for the legacy of £50, upon which she also claimed interest, at 4 per cent, to be computed from the end of six months from the decease of the testatrix, amounting, in the whole, to the sum of £66.

In answer to this application it was stated, that the sum of stock paid in to answer the legacy, with the interest upon it, only amounted to £56-13s, and this sum the executors were ready to pay to the plaintiff.

This offer was, however, refused, and the present suit immediately instituted against the executors for the £66 which the plaintiff had claimed.

Mr Bethell and Mr Rogers appeared for the plaintiff.

Mr STUART and Mr WALFORD appeared for the executors and contended, that the executors being obliged to invest the legacy on account of the plaintiff's minority, it was precisely the same thing as if it had been invested by the Accountant-General; expense had likewise been saved, which the payment in and out, under the Legacy Act, would have occasioned.

This had actuated the executors in doing as they had done, and the plaintiff alone, out of many legatees, had complained.

Under these circumstances, the case was an exceedingly hard one, and of vast importance to executors.

The VICE-CHANCELLOR said that the executors might have freed themselves entirely had they acted under the Legacy Act and paid the money into court; but, not having done so, he considered the plaintiff entitled to a decree.

The costs to be paid by the executors.

The Times - November 20, 1848