Matter of Application of Gardner
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made August 24, 1885, which affirmed an order of the surrogate of Tompkins county, denying the application of Bobert B. Gardner, as administrator of the estate of Allen B. Gardner, for leave to sell real estate for payment of the debts of his intestate. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made August 24, 1885, which affirmed an order of the surrogate of Tompkins county, denying the application of Bobert B. Gardner, as administrator of the estate of Allen B. Gardner, for leave to sell real estate for payment of the debts of his intestate. The material facts are stated in the opinion. The payments made by the intestate were acknowledgments of the indebtedness and sufficient to take the whole claim out of the statute of limitations. (Davis v. Gorton, 16 N. Y. 255; Smith v. Viele, 60 id.…
1Opinion of the Court
Danforth, J:
The only claim which justified the application was one presented in favor of Lucy 0. Gardner, a sister of the deceased, for house-keeping or house-work, and in regard to that the surrogate found that she began to perform" valuable services for her brother at his request, and as his servant, on or about Movember 1, 1843, and continued to perform such services until his death on or about Movember 1, 1882, a period of thirty-nine years; that they were worth a certain sum per week, varying in amount in different years, and that “to apply on” those services the deceased paid the…
2Cases cited3 opinions
- Smith v. . VelieNew York Court of Appeals · 1875
- Davis v. . GortonNew York Court of Appeals · 1857
- Gilbert v. . ComstockNew York Court of Appeals · 1883
3Cited by18 opinions
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Crampton v. LoganIndiana Court of Appeals · 1902
- Cotton v. RandTexas Supreme Court · 1899
- Hay v. PetersonWyoming Supreme Court · 1896
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