Reynolds v. . Robinson
New York Court of Appeals
Appeal from judgment of the General Term of the 'Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action, was brought to recover for services alleged to have been performed by plaintiff and his wife in caring for and nursing James Hill, defendants’ testator, during his lifetime.
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Appeal from judgment of the General Term of the 'Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action, was brought to recover for services alleged to have been performed by plaintiff and his wife in caring for and nursing James Hill, defendants’ testator, during his lifetime. The case, upon a former appeal, is reported in 64 H. T. 589. The facts, so far as material, are set forth in the opinion. The referee erred in refusing to apply upon the services of plaintiff’s wife the sums of money paid out by Mr.…
1Opinion of the CourtAndrews, J.
In the opinion of the court on the former appeal (64 N. Y. 589), it was declared that when an agreement is made between two parties, that compensation for services rendered by one to the other, shall be made by a provision in the will of the latter, and a provision is made sufficient only to compensate in part for the services, the party rendering them has, after the death of the other, a cause of action against his representatives for the balance remaining due over and above the testamentary provision. The legacy or provision made by the will in such case is to be taken and applied by the…
2Cases cited7 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Boughton v. . FlintNew York Court of Appeals · 1878
- Mann v. MannNew York Court of Chancery · 1814
- Williams v. CraryNew York Supreme Court · 1830
- Clarke v. BogardusNew York Supreme Court · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Glover v. PattenSupreme Court of the United States · 1897
- Dwight v. FancherNew York Court of Appeals · 1927
- Wallace v. SissonCalifornia Supreme Court · 1896
- Judy v. GilbertIndiana Supreme Court · 1881
- In re the Estate of HerbNew York Surrogate's Court · 1937
44 more not listed; retrieve them via the Exa API.