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2 R.I. 60

Mowry v. Peck

Supreme Court of Rhode Island

Decided September 6, 1851

Supreme Court of Rhode Island · decided 1851-09-06

This case was referred to the Judges of the Court by a rule upon the following agreed statement of facts : “ The estate of David Daniels of Smithñeld, upon which the said Ira B. Peck was duly appointed Administrator by the Court of Probate of said Smithfield, was by said Peck represented to said Court as insolvent and commissioners were duly appointed by said Court of Probate to examine and allow claims against said estate according to the statute.

Good law ✅— No negative treatment on recordhow we know

Decided 1851-09-06

How this case has been cited

Cited by 3 later decisions — most recently May 1972

1 federal appellate · 2 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 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 :—

¶2 “ 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.

¶3 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 *62 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.
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