Patterson v. Patterson
New York Supreme Court
A MOTION was made to set aside the report of referees in this cause. The plaintiff is a son of the defendant, and was born in 1773, and lived with and worked for his father, on his farm, until 1810; except that for one or two years during that time, he had the farm on shares.
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A MOTION was made to set aside the report of referees in this cause. The plaintiff is a son of the defendant, and was born in 1773, and lived with and worked for his father, on his farm, until 1810; except that for one or two years during that time, he had the farm on shares. In 1805, or 1806, the defendant said he intended to reward the plaintiff well, that he was old, and that the plaintiff must continue with him as long as he lived, and he would reward him well, and that he should have the farm, paying legacies to his other children. In the autumn of 1810, the defendant tendered to the…
1Opinion of the Court
Van. Ness, J.,
'delivered’ the .opinion,, of the .court. The,. plaintiff is entitled to a reward for.-his services, iDecause ’the, .evidence repels the;- idea, that .they ivere to he .performed g^tnitously, .(Jacobson. v. The Executors of Le, Grange, 3 Johns. Rep. 200. Le Sage v. Coussmaker and others, Esp, N. P. Rep. 187.) ■ B.ut from-, the testimony of John Patterson, as well as of several- other witnesses, it. is evident' that the.plaintiff- was' ta1be 'Compensated for--his service's. by a'provision- to b,e made'for' him, by his father,. (the, defendant,)’In-ins will; and, of.course, that…
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