Legal Opinion

Jacobson v. Executors of Le Grange

New York Supreme Court

Decided May 15, 1808PublishedCited by 18 opinions

THIS was an action for work and labour, and services performed by the plaintiff for the testator. The cause was tried before Mr. Chief Justice Kent, at the Albamj circuit, in October, 1807. On the trial, the following facts were proved. The parents of the plaintiff were about putting him to a trade in 1790, when the testator, who was his uncle, requested them to let him take the plaintiff as his own child, for he would do' better for him than his parents could.

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THIS was an action for work and labour, and services performed by the plaintiff for the testator. The cause was tried before Mr. Chief Justice Kent, at the Albamj circuit, in October, 1807. On the trial, the following facts were proved. The parents of the plaintiff were about putting him to a trade in 1790, when the testator, who was his uncle, requested them to let him take the plaintiff as his own child, for he would do' better for him than his parents could. The plaintiff was then about eighteen years old, and his parents after some hesitation, consented to let him go and live with his…

1Opinion of the CourtVan Ness, J.

The only question in this cause is, whether the services performed by the plaintiff were rendered with a view to any other compensation than such as the testator should voluntarily make by his last will and testament. This is a mere question of fact, and the defendants having consented that the jury should find for the plaintiff, it is difficult " to conceive upon what ground the court are expected to interfere. There is no objection made to the charge of the judge ; no principle of law has been violated ; justice has been done, and the damages found by the jury are not more than the evidence…

2Cited by18 opinions

  1. Wallace v. LongIndiana Supreme Court · 1886
  2. Grant v. GrantSupreme Court of Connecticut · 1893
  3. Todd v. . WeberNew York Court of Appeals · 1884
  4. In re Williams' EstateMichigan Supreme Court · 1895
  5. Jilson v. GilbertWisconsin Supreme Court · 1870

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