In re Callister's Estate
New York Supreme Court
Appeal from surrogate’s court, Ontario county. Judicial settlement of the accounts of Margaret Callister and Henry Likly, as administrators of John Callister, deceased. From the decree, certain claimants appeal. Margaret Callister is the widow of the deceased, and the daughter of Robert Walker, deceased. She is the administratrix of the estate of Walker, as well as an administratrix of the estate of Callister.
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Appeal from surrogate’s court, Ontario county. Judicial settlement of the accounts of Margaret Callister and Henry Likly, as administrators of John Callister, deceased. From the decree, certain claimants appeal. Margaret Callister is the widow of the deceased, and the daughter of Robert Walker, deceased. She is the administratrix of the estate of Walker, as well as an administratrix of the estate of Callister. She married Mr. Callister in May, 1857, and he died -in April, 1888. Upon the accounting before the surrogate of the estate of Callister, she presented, as administratrix of Walker, a…
1Opinion of the CourtWard, J.
At common law the husband was absolutely entitled to the services of his wife, and to all that should be acquired by such services. During the period covered by the contract of Mrs. Callister and her service for her husband, the enabling acts for the benefit of married women had not deprived the husband of the common-law right to his wife’s services. Blaechinska v. Howard Mission, 130 N. Y. 497, 29 N. E. 755; Porter v. Dunn, 131 N. Y. 314, 30 N. E. 122; Hendricks v. Isaacs, 117 N. Y. 411, 22 N. E. 1029; Bertles v. Nunan, 92 N. Y. 160; Whitaker v. Whitaker, 52 N. Y. 371. In the case first…
2Cases cited7 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Thompson v. . WhitmarshNew York Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re the Judicial Settlement of the Accounts of CallisterNew York Court of Appeals · 1897
- Mahaney v. WalshAppellate Division of the Supreme Court of the State of New York · 1897
- Mahaney v. WalshAppellate Division of the Supreme Court of the State of New York · 1897
- Klapper v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901