In re the Judicial Settlement of the Accounts of Dusenberry
New York Surrogate's Court
Judicial settlement of the accounts of administrators. The intestate was a farmer living in the town of Rye. He lost his wife about 1879 and remained a widower until his death, which occurred about April 1, 1892, at an advanced age. He left him surviving two daughters and a son, the administratrix and Rose J. Lockwood and Frank S. Brundage, and four grandchildren, the children of deceased daughters.
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Judicial settlement of the accounts of administrators. The intestate was a farmer living in the town of Rye. He lost his wife about 1879 and remained a widower until his death, which occurred about April 1, 1892, at an advanced age. He left him surviving two daughters and a son, the administratrix and Rose J. Lockwood and Frank S. Brundage, and four grandchildren, the children of deceased daughters. The administratrix, with her husband, who was in feeble health, went to live in the family of the intestate about 1883, the husband, aiding in the farm work to some extent, and she assisting in…
1Opinion of the Court
O'oefin, S.
The only matter in controversy in this case is in regard to the claim made by the administratrix for services, etc., rendered to the deceased during his lifetime. There is no evidence whatever of any expressed or implied contract between the deceased and the claimant as to compensation for her services; and in the absence of such contract, express or by fail-implication, the authorities are abundant to the effect that she cannot recover, because of the relation between parent and child, the presumption being that such services were gratuitous, and such as were due from the child to…
2Cases cited2 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Marion v. FarnanNew York Supreme Court · 1893
3Cited by2 opinions
- In re DusenburyNew York Supreme Court · 1895
- In re the Estates of SchmidtNew York Surrogate's Court · 1910