Clark v. Todd
New York Supreme Court
Appeal from special term, Albany county. Reversed. Action by Anna J. Clark against Theodore W. Todd, Charles H. Todd, and Norton Chase, as executors of the last will and testament of Matilda C. Perry. The cause was referred, and the referee made a report in favor of the executors on the facts. The special term set this report aside, and ordered a new trial, and the executors appeal.
1Opinion of the CourtLearned, P. J.
This is a claim against executors referred under the statute. Part of the claim, namely, $25, is for services rendered after the death of the testatrix. Such a claim does not come within the provisions of 2 Rev. St. marg. p. 88, §§ 34-36. It is a claim against the executors personally, and not against the testatrix. Tracy v. Frost, (Sup.) 11 N. Y. Supp. 561; Ferrin v. Myrick, 40 N. Y. 315. The residue of the claim is for personal services alleged to have been rendered by the claimant to the testatrix as a kind of friendly servant or nurse from August 20, 1886, to June 1, 1890, the day of the…
2Cases cited1 opinion
- Tracy v. FrostNew York Supreme Court · 1890