In re the Judicial Settlement of the Account of Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by Ann Hamilton, individually, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 20th day of May, 1901, upon the report of a referee, as disallows her claim against the estate of the decedent and sustains certain exceptions taken by the contestants to the referee’s report; Ann Hamilton was the widow and administratrix of William Hamilton.
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Appeal by Ann Hamilton, individually, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 20th day of May, 1901, upon the report of a referee, as disallows her claim against the estate of the decedent and sustains certain exceptions taken by the contestants to the referee’s report; Ann Hamilton was the widow and administratrix of William Hamilton. She filed her account as administratrix, at which time she also presented claims individually against her husband’s estate. The matter was duly referred and the referee found in favor…
1Opinion of the Court
Hatch, J.:
The referee found upon substantially undisputed testimony that the claimant furnished the board and house for the deceased during the pei'iod for which she makes claim. The obligation thus assumed *76by the claimant was a duty which was imposed upon the husband. The primary obligation rested upon him, not only to support himself, but to support his family. Her assumption of an obligation not resting upon her, but which was imposed upon him, could not create a presumption that the food and lodging so furnished were intended to be gratuitous. It is a general' rule that where the relation…
2Cases cited3 opinions
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Claim of Gallagher v. Estate of BrewsterNew York Court of Appeals · 1897
- Ross v. . HardinNew York Court of Appeals · 1879
3Cited by12 opinions
- In re BlakeNew York Surrogate's Court · 1929
- In re the Judicial Settlement of the Account of Proceedings of Mechanics & Farmers' Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Estate of BastenNew York Surrogate's Court · 1953
- In re the Accounting of KlausnerNew York Surrogate's Court · 1948
- In re the Estate of HuednerNew York Surrogate's Court · 1930
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