Bair v. Hager
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Henry Hager, as executor, etc., of Eliza Hager, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 26th day of December, 1903, upon the report of a referee.
1Opinion of the Court
Hibschbebg, P. J.:
The claim in controversy is for board and personal services furnished and rendered to the decedent for a period of nearly eleven years. The referee has found upon abundant evidence that the services were performed upon a promise made by the deceased to compensate the claimant by a sufficient provision in her will, and that the deceased wholly failed to make such provision for the claimant’s compensation. In such circumstances the party rendering services is entitled to compensation as a creditor of the estate for the value of the services whether the failure to make the…
2Cases cited4 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Gall v. GallAppellate Division of the Supreme Court of the State of New York · 1898
- Taylor v. WelshNew York Supreme Court · 1895
- Hart v. TuiteAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- Wagner v. Savage, as Adm'rOregon Supreme Court · 1952
- Poole v. JanovySupreme Court of Oklahoma · 1928
- Chambers v. BoydAppellate Division of the Supreme Court of the State of New York · 1906
- Bever v. BeverWest Virginia Supreme Court · 1987
- In re the Estate of DertadianAppellate Division of the Supreme Court of the State of New York · 1946