Pursell v. Fry
New York Supreme Court
The plaintiff presented her claims for her services. performed for the deceased, at his instance and request, to his executors and they disputed it and rejected it and a reference was agreed upon and approved by the surrogate. A motion was made to confirm the referee’s report and for costs, and it was granted at special term. A motion was made, upon a case and exceptions, to set aside the report, and denied at special term.
Read the full summary
The plaintiff presented her claims for her services. performed for the deceased, at his instance and request, to his executors and they disputed it and rejected it and a reference was agreed upon and approved by the surrogate. A motion was made to confirm the referee’s report and for costs, and it was granted at special term. A motion was made, upon a case and exceptions, to set aside the report, and denied at special term. The defendants appeal from such order and the judgment entered therein.
1Opinion of the CourtHardin, J.
In support of the plaintiff’s claim she called •one of 'her sisters, a Mrs. Boyd, and a legatee named in the ■will of their deceased father, and she gave evidence tending to establish .an employment of the plaintiff by the deceased :and an .agreement to pay her wages if she would go to the house of .the deceased testator and take charge of the house-work and personally care for his wife, their mother, who was ¡afflicted with paralysis.
This evidence was objected to upon the ground that she was not competent to give evidence relating to personal trans- . actions with her deceased father against…
2Cases cited11 opinions
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Smith v. . VelieNew York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.