Where an though not express ed, is fairly inferable from the will, interest will be allowed ; 1 Swanst. 561, n.
Interest is not allowed for maintenance, although given by immediate bequest for maintenance, if the parent of the legatee, who is under moral obligation to provide for him, be of sufficient ability : so that the in terest will accumulate for the child's ben efit until the principal becomes payable; 3 Atk. 399 ; 1 Brown, Ch. 386 ; 3 id. 60, 416. But to this rule there are some exceptions ; 3 Ves. 730; 4 Brown, Ch. 223; 4 Madd. 275, 289.
Where a fund, particular or residuary, is given upon a contingency, the interme diate interest undisposed of—that is to say, the intermediate interest between the tes tator's death, if there be no previous legatee for life, or, if there be, between the death of the previous taker and the happening of the contingency—will sink into the residue for the benefit of the next of kin, or executor of the testator, if not bequeathed by him ; but if not disposed of, for the benefit of his residuary legatee ; 1 Brown, Ch. 57 ; 2 Atk. 329.
Where a legacy is given by immediate be quest, whether such legacy be particular or residuary, and there is a condition to divest it upon the death of the legatee under twen ty-one, or upon the happening of some other event, with a limitation over, and the legatee dies before twenty-one, or before such other event happens, which nevertheless does take place, yet, as the legacy was payable at the end of the year after the testator's death, the legatee's representatives, and ' not the legatee over, will be entitled to the interest which accrued during the legatee's life, un til the happening of the event which was to divest the legacy ; 1 P. Wms. 501; 5 Ves. 335, 522.
Where a residue is given, so as to be vest ed, but not payable at the end of the year from the testator's death, but upon the legatee's attaining twenty-one, or upon any other contingency, and with a bequest over divesting the legacy, upon the legatee's dy ing under age, or upon the happening of the contingency, then the legatee's representa tives in the former case, and the legatee himself in the latter, shall be entitled to the interest that became due during the legatee's life or until the happening of the contingen cy ; 2 P. Wms. 419 ; 1 Brown, Ch. 81, 335; 3
Mer. 335.
Where a residue of personal estate is giv en, generally, to one for life with remainder over, and no mention is made by the testa tor respecting the interest, nor any intention to the contrary to be collected from the will, the rule appears to be settled that the per son taking for life is entitled to interest from the death of the testator, on such part of the residue bearing interest as is not nec essary for the payment of debts. And it is immaterial whether the residue is only giv en generally, or directed to be laid out, with all convenient speed, in funds or securities, or to be laid out in lands. See 6 Ves. 520 ; 9 id. 89, 549, 553. Interest, in ease of a re mainder in an estate in money, does not run until the death of the life tenant ; McCook v. Harp, 81 Ga. 229, 7 S. E. 174.
But where a residue is directed to be laid out in land, to be settled on one for life, with the remainder over, and the testator directs the interest to accumulate in the mean time until the money is laid out in land, or other wise invested on security, the accumulation shall cease at the end of one year from the testator's death, and from that period the tenant for life shall be entitled to the inter est ; 6 Ves. 520 ; 2 S. & S. 396. Where a gift is made of the residue of the testator's es tate to one person for life, and the principal is given over to another one at the death of the life tenant, the legatee is entitled to interest from the testator's death ; Davison v. Rake, 44 N. J. Eq. 50(1, 16 Atl. 227.
Where no • time of payment is mentioned by the testator, annuities are considered as commencing from the death of the testator ; and, consequently, the first payment will be due at the end of the year from that event; if, therefore, it be not made then, interest, in those cases wherein it is allowed at all, must be computed from that period ; Eyre v. Golding, 5 Binn. (Pa.) 475. See Saunderson v. Stearns, 6 Mass. 37; 1 Hare & W. Lead. CaS. 356.