In re Estate of Kennedy
In re Estate of Kennedy
Opinion of the Court
Thomas E. Curran, as administrator of the estate of Thomas Cushing, deceased, recovered a judgment in the sum of $2,642.25 principal, and $128 costs, against the executor and executrix of the estate of Philip Kennedy, deceased, to be paid in the due course of administration. Thereafter the probate court ordered the judgment and costs to be paid from the assets of the estate, and denied appellant’s motion to allow him interest upon the amount of the judgment from the date of the rejection of his claim by the executor and executrix to the date of the rendition of the judgment, and also denied his application for interest upon the amount of his judgment for costs. It is from the order of the court in these regards that this appeal is prosecuted.
It would seem, under the authority of Pico v. Stevens, 18 Cal. 376, that upon the recovery of a judgment against an estate upon a rejected claim, the creditor is
We think appellant is entitled to legal interest upon the amount of his judgment for costs. (Linck v. City of Litchfield, 31 Ill. App. 104.)
Let the cause be remanded, with directions to the lower court to allow appellant legal interest upon the amount of his cost-bill, and in other respects let the order be affirmed, appellant to pay the costs of this appeal.
Paterson, J., and Harrison, J., concurred.
Reference
- Full Case Name
- In the Matter of the Estate of PHILIP KENNEDY
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Estates oe Decedents—Rejected Claim — Judgment—Interest.—It seems that upon the recovery of a judgment against an estate upon a rejected claim, the creditor is entitled to recover interest from the date of such rejection. Id.—Authority oe Probate Court—Amount oe Judgment—Interest not Included — Res Ad judicata. — If from any cause interest has not been allowed in rendering judgment upon a rejected claim, the probate court has no authority to order paid an amount not included in the judgment, a certified transcript of the docket of which forms the claim to be paid, and furnishes the evidence upon which the court acts in ordering its payment, and the amount to which the claimant is entitled is res adjudicata by the judgment. Id. —Interest ubon Costs. —The claimant is entitled to legal interest upon the amount of his judgment for costs.