Law360 Canada ( March 22, 2018, 6:27 AM EDT) -- Appeal by two children of the deceased from the denial of interest on their legacies. The parties were the children of the deceased. In his will, the deceased left the appellants legacies of $530,000 each. The respondent was to have the residue of the estate, which consisted of significant farmland. All three children were appointed executors. In a previous will, executed approximately three weeks earlier, the deceased instructed that farm properties similar in size to that which he had already given the respondent be given to each of the appellants and that the balance of the estate be divided equally among the three children. The appellants challenged the will, alleging undue influence. The challenge, which was ultimately unsuccessful, held up the distribution of the estate. The appellants claimed that they were entitled to interest, in addition to the face amount of their legacies. The application judge sided with the respondent, finding that no interest should be paid. He recognized that there was a rule which provided for the payment of interest on legacies in a will if the legacies were payable but payment had been delayed for more than a year. However, he declined to apply the rule on the grounds that the appellants had been estate trustees during much of the administration of the estate, and the delay in payment was caused by their challenge to the will. The appellants appealed on the grounds that the judge erred in finding Rule 65.02 did not apply and in exercising discretion to deny interest....