Elwell v. Roper
Supreme Court of New Hampshire
Probate Appeal. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1903, of the superior court by Stone, J. Elmira D. Wkittemore, the defendants’ testatrix, died October 6, 1898. The plaintiff filed a claim with the commissioner upon the estate, for $2,492 for extra services as housekeeper and nurse, and for attendance to business affairs, from July, 1874, to April, 1896. The claim was disallowed upon objections made by the defendants, and this…
Read the full summary
Probate Appeal. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1903, of the superior court by Stone, J. Elmira D. Wkittemore, the defendants’ testatrix, died October 6, 1898. The plaintiff filed a claim with the commissioner upon the estate, for $2,492 for extra services as housekeeper and nurse, and for attendance to business affairs, from July, 1874, to April, 1896. The claim was disallowed upon objections made by the defendants, and this appeal was taken. Prior to the trial, the plaintiff filed a specification which stated that the action was brought to…
1Opinion of the CourtRehice, J.
1. There was evidence from which reasonable men might find that the extra services for which the plaintiff claims, compensation in this action were rendered with the expectation and belief, both on her own part and on the part of Mrs. Whittemore, that Mrs. Whittemore was to pay her therefor. Munger v. Munger, 33 N. H. 581, 584; Seavey v. Seavey, 37 N. H. 125; Bundy v. Hyde, 50 N. H. 116; Sabine v. Merrill, 67 N. H. 226; Saunders v. Saunders, 90 Me. 284. But there was no evidence of any understanding, either express or implied, that the services in question were to be paid for as they were…
2Cases cited4 opinions
- Crampton v. LoganIndiana Court of Appeals · 1902
- Carter v. CarterMichigan Supreme Court · 1877
- Littler v. SmileyIndiana Supreme Court · 1857
- Saunders v. SaundersSupreme Judicial Court of Maine · 1897
3Cited by7 opinions
- Cullinan v. McColganCalifornia Court of Appeal · 1927
- Olney v. RailroadSupreme Court of New Hampshire · 1904
- Arlington Mills v. SalemSupreme Court of New Hampshire · 1927
- McGuire v. Interurban Railway Co.Supreme Court of Iowa · 1924
- Blanchard v. CalderwoodSupreme Court of New Hampshire · 1969
2 more not listed; retrieve them via the Exa API.