In re the Estate of Ryder
New York Surrogate's Court
Accounting of executrices. The testator died at his home in Mount Kisco on the third of August, 1888, leaving him surviving as his widow, Hester M. Ryder, and his daughter, by a former wife, Sarah E. Hall, and the claimant, who is a daughter of his last wife. Mrs. Hall has been for many years residing away from home with her husband.
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Accounting of executrices. The testator died at his home in Mount Kisco on the third of August, 1888, leaving him surviving as his widow, Hester M. Ryder, and his daughter, by a former wife, Sarah E. Hall, and the claimant, who is a daughter of his last wife. Mrs. Hall has been for many years residing away from home with her husband. The testator owned a house and lot in- which he and his wife with the youngest daughter resided alone together until the latter was married to Mr. Dromgoole in or about the year 1881, when he also became a member of the family. No special agreement with him is…
1Opinion of the Court
The Surrogate.
Undoubtedly, the general rule is that as between members of the same family, neither party can recover for services rendered, in the absence. of an express agreement or promise to pay. This rule is founded" upon the idea of reciprocity between them, and the fact that the value or benefits received by one are greater than those received by the other, will make no difference. They must, however, be mutual. To illustrate : suppose this claimant had sought to recover for services rendered before the testator became ill, she would have been effectively met by the rule in question ;…
2Cases cited4 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Bowen v. BowenNew York Surrogate's Court · 1853
- Keller v. StuckNew York Surrogate's Court · 1880
- Maltby v. Harwood & WellsNew York Supreme Court · 1852