Page v. Page
Supreme Court of New Hampshire
Probate Appeal, from a decree disallowing tbe claim of the plaintiff for personal services rendered in caring for his mother, the defendant’s intestate. Trial by the court.
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Probate Appeal, from a decree disallowing tbe claim of the plaintiff for personal services rendered in caring for his mother, the defendant’s intestate. Trial by the court. Transferred from the ^November term, 1904, of the superior court by Chamberlin, J. After the death of the intestate’s husband, in 1876, she continued to reside on the home place, occupying four rooms, where she kept house, attending to her own work and providing her own necessaries of life up to the time of her last sickness in the fall of 1898. The plaintiff and his family during the same time resided in the other part of…
1Opinion of the CourtWalker, J.
If the plaintiff had been a member of his mother’s family when he rendered the services for which he seeks compensation, or if, technically, the relation of parent and child had existed between them, it is conceded that he could not recover in the absence of a contract found to exist as a fact. The ordinary legal presumption, arising from the rendition of valuable services with the assent of the defendant, that he promised the plaintiff to pay for them, does not apply when the relationship of the parties affords evidence that payment was not contemplated, or that the labor was gratuitously…
2Cases cited11 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Marietta v. MariettaSupreme Court of Iowa · 1894
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Wells v. PerkinsWisconsin Supreme Court · 1877
- Livingston v. HammondMassachusetts Supreme Judicial Court · 1894
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3Cited by8 opinions
- Gjurich v. FiegCalifornia Supreme Court · 1913
- In Re Estate of GilbertWest Virginia Supreme Court · 1934
- In Re Estate of TilghmanSupreme Court of Minnesota · 1953
- McConnell v. McConnellSupreme Court of New Hampshire · 1909
- Decatur v. CooperSupreme Court of New Hampshire · 1931
3 more not listed; retrieve them via the Exa API.