In re the Judicial Settlement of the Accounts of Wood
New York Surrogate's Court
Proceeding upon the judicial settlement of the accounts of an administrator.
1Opinion of the Court
Slater, S.
In this accounting is involved the rejected claim of Blanche Meda Freeman for services rendered to decedent from March, 1915, to the time of his death in December, 1916. The proof of claim presented to the administrator sets forth with care and in detail the services rendered and concludes with the statement that “ decedent agreed to pay the claimant the sum of $5,000.”
The burden of proof is upon the claimant to sustain the existence of an alleged oral contract for the payment of $5,000 for the services rendered the decedent. There is no rule of law that the claimant’s contract must…
2Cases cited8 opinions
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Winston v. . WinstonNew York Court of Appeals · 1901
- In re the Final Judicial Settlement of the Account of HolzworthAppellate Division of the Supreme Court of the State of New York · 1915
- In Re the Accounting of HolzworthNew York Court of Appeals · 1915
- In re the Estate of McMillanAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by2 opinions
- In re the Estate of FeeNew York Surrogate's Court · 1934
- In re the Judicial Settlement of the Intermediate Account of Proceedings of MoodieNew York Surrogate's Court · 1927