Where a time has been fixed for the payment of a general legacy, interest begins to run from the time so fixed. The interest up to such time forms part of the residue of the testator's estate.
Exception.-Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee and the legatee is a minor, the legacy shall bear interest from the death of the testator, unless a specific sum is given by the will for maintenance, or unless the will contains a direction to the contrary.
Legal Commentary & Landmark Judgments: Section 352
Section 352 governs interest on general legacies where a specific date is fixed for payment, codifying both the general rule and the crucial equitable exception for minor children of the testator.
When representing minor orphans in testamentary claims, plead the in loco parentis exception under Section 352 to secure interest from the date of death, applying under Section 151 CPC for interim disbursals to cover education and medical costs.