1. The rule of law in this state is that a legatee indebted to a testator under whose will he is entitled to a legacy, shall accept his debt in payment of his legacy, or his legacy may be applied in discharge of his debt. This principle is founded in sound reason and justice.
2. Testatrix by codicil to her will directed her executors and trustees to extend the time for payment of the principal of the debt due from the legatee for a period of five years from her death. Held, testatrix intended the legatee to have the benefit of his legacy immediately upon the settlement of her estate and at the same time that other legatees received their respective legacies.
3. Legatee was entitled to receive his legacy upon the passing of executors' intermediate account. Payment of such legacy directed, together with interest from the date of the passing of the intermediate account, less deduction of accrued interest on debt due from legatee.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Vice-Chancellor Berry.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 15.
For reversal — None.