Mowry v. Peck

2 R.I. 60

• Court: Supreme Court of Rhode Island
• Decided: September 6, 1851
• Status: Published

Opinion

The CouRT held that the report of the commissioners was in the nature of a judgment, ascertaining the sums due from the deceased at his death, and that, from and after that time, interest upon such sums was allowable as upon a judgment. And they reported as fol lows :—

“ That the said David Mowry is entitled to recover the interest on the claims allowed by the commissioners on the estate of David Daniels deceased, to the said David Mowry pro rata with other claims allowed to other individuals by said commissioners, to be computed from the day of the death of David Daniels to the time of the payment of the principal sum.

And that the said Ira B. Peck is liable in his said capacity, to pay from the said real estate of the said Daniels, now remaining, the interest on the claims allowed by said commissioners pro rata, to be computed from the day of the death of David Daniels to the payment of the principal sum, deducting all expenses of administration and the costs of this suit, which the said David is entitled to recover from said fund.”

Steere, for the plaintiff. Robinson, for the defendant.