Tilghman v. Lewis's Estate
Supreme Court of Louisiana
APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND NEW-ORLEANS. This is an action against the estate of the late Robert Lewis, to recover the sum of eleven thousand six hundred and twenty-five dollars, for services rendered, and settled in the books of the deceased, in his lifetime, from the 24th ' November, 1824, until the 24th March, 1831, at the rate of .'fifteen hundred dollars, per annum ; and for like services in a; running account from the 24th of November, 1831,…
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APPEAL FROM THE COURT OF PROBATES FOR THE PARISH AND NEW-ORLEANS. This is an action against the estate of the late Robert Lewis, to recover the sum of eleven thousand six hundred and twenty-five dollars, for services rendered, and settled in the books of the deceased, in his lifetime, from the 24th ' November, 1824, until the 24th March, 1831, at the rate of .'fifteen hundred dollars, per annum ; and for like services in a; running account from the 24th of November, 1831, till 26th August, 1832. The plaintiff alleges that the testamentary executor refuses to allow his account, for which he…
1Opinion of the CourtMathews, J.
This suit was commenced against the executor of the deceased, but his will having been subsequently annulled, it was carried on against his heirs, &c.
"Where the plaintiff claims from the executor of his uncle’s estate, a large sum for his services as clerk and book-keeper, at a stated annual salary for the time he served, and there Is -no proof of any contract or agreement to pay a. salary or wages at any particular rate per annum, and where that assumed by the plaintiff, clearly appears by his own interpolation in the books of his employer: Held, that he cannot recover in such a case, having…
2Cited by2 opinions
- Succession of PalmerSupreme Court of Louisiana · 1915
- Estate of LittellSupreme Court of Louisiana · 1898