
    Lamb v. Smith et ux.
    Interest recovered on a legacy, which was ordered by the testator to he put upon interest.
    EeeoR to reverse a judgment of the County Court, in an action brought by Smith and wife against Lamb, declaring that David Lamb on the 6th of July A. D. 1771, made his will and gave to his two sons John and the said Lemuel, all Ms estate after tie decease or second marriage of iis wife, to be divided as follows, viz. etc. to Betsey, tie wife of said Siarp Smith., a legacy as follows, Item. I give and bequeath, to my negro woman Betsey, her freedom in six months after my decease. I also give to said negro woman Betsey, £12 lawful money, to be put to interest under tie ’care of tie Bev. A. Bosseter and to be by him dealt out to said Betsey’s use, at iis discretion, as her circumstances shall require, to be paid equally by my sons Lemuel and Join Lamb, within one year after my decease. Tie testator died in October A. D. TTYl and said will has been duly proved and approved, and tie defendant accepted of said estate given him by tie will aforesaid, which was worth £800 lawful money, and thereupon he became liable to pay one-half of said legacy given to said Betsey in said will and being so liable assumed and promised to pay said half being £6 and tie interest thereon, from and after one year from tie death of tie testator, etc.
    To this declaration a general demurrer was given, and tie County Court gave judgment that tie declaration was sufficient and for tie plaintiffs to recover tie sum of £12 19s. 6d. damages and cost.
    Errors assigned — 1st. That tie declaration was insufficient. 2d. That said court gave too great a sum in damages.
   Judgment of tie County Court affirmed. Tie legacy is given to said Betsey to be paid by tie defendant and said Join in equal moieties witMn one year after tie decease of tie testator, and to be’put upon interest; if they neglected to pay it by tie time they ought to pay tie interest. Mr. Bosseter was appointed by tie will a hind of superintendent or guardian to said Betsey as to this legacy, but had no kind of interest in it. His accepting or refusing the trust can have no effect upon tie negro woman’s interest in it.  