Robinson v. . Raynor
New York Court of Appeals
Appeal from the judgment of the general term of the 2d district reversing a decree of the surrogate of the county of Suffolk. David Robinson, who resided in Brookhaven, in said county of .Suffolk, was the owner of a farm and considerable personal estate. Some twenty-five years before his death he deserted his wife, leaving her on the farm on which they had resided for several years previously, he himself going to reside about three miles distant.
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Appeal from the judgment of the general term of the 2d district reversing a decree of the surrogate of the county of Suffolk. David Robinson, who resided in Brookhaven, in said county of .Suffolk, was the owner of a farm and considerable personal estate. Some twenty-five years before his death he deserted his wife, leaving her on the farm on which they had resided for several years previously, he himself going to reside about three miles distant. The children of said David had ceased to live at home before he left, and there was no one to look after the farm or to take care of Mrs. Robinson.…
1Opinion of the CourtSelden, J.
The validity of the claim of the appellant, which was allowed by the surrogate, depends upon the question whether the appellant rendered services for his father in his life time, in pursuance of a mutual understanding between him and his father, that he was to be compensated for such services by á devise of the homestead farm, ór other provision by will.
Where services are rendered in pursuance of a mutual understanding between parties, that compensation for them shall be made by will, and the party receiving the services dies without making the expected compensation, the party rendering the…
2Cases cited4 opinions
- Schenck v. . DartNew York Court of Appeals · 1860
- Martin v. Wright's AdministratorsNew York Supreme Court · 1835
- Quackenbush v. EhleNew York Supreme Court · 1849
- McRae v. McRaeNew York Surrogate's Court · 1855
3Cited by74 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Grant v. GrantSupreme Court of Connecticut · 1893
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Ellis v. CaryWisconsin Supreme Court · 1889
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