Legal Opinion

Ellis v. . Cox

Supreme Court of North Carolina

Decided December 4, 1918PublishedCited by 4 opinions

Appeal by defendants from Webb, J., at the March Term, 1918, of RANDOLPH. This is an action by J. M. Ellis, administrator of Seth Cox, against the distributees and heirs of the said Cox for an account and settlement of the estate. The controversy between the parties was as to a claim of the said Ellis individually for the services of himself and wife, which was sent to a referee for trial, and heard in the Superior Court on exceptions to the report.

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Appeal by defendants from Webb, J., at the March Term, 1918, of RANDOLPH. This is an action by J. M. Ellis, administrator of Seth Cox, against the distributees and heirs of the said Cox for an account and settlement of the estate. The controversy between the parties was as to a claim of the said Ellis individually for the services of himself and wife, which was sent to a referee for trial, and heard in the Superior Court on exceptions to the report. The referee found the following facts in addition to those fixing the value of the services and dealing with certain other charges: 1. Seth Cox,…

1Opinion of the CourtAlleN, J.

The principle is fully recognized in this Court that services rendered to the parent by a child while a member of the family are presumed to be gratuitous, and that no recovery can be had therefor, in the absence of an express contract, when nothing appears except the relationship and the performance of the services (Abitt v. Smith, 120 N. C., 392; Hicks v. Barnes, 132 N. C., 150, and other cases), and it has been held that a son-in-law who lives with his mother-in-law as one family comes within the principle. Callahan v. Wood, 118 N. C., 752. Circumstances may, however, exist from which the…

2Cases cited3 opinions

  1. Winkler v. Killian.Supreme Court of North Carolina · 1906
  2. Hicks v. Barnes.Supreme Court of North Carolina · 1903
  3. Avitt v. . SmithSupreme Court of North Carolina · 1897

3Cited by4 opinions

  1. Wasson v. WassonIdaho Supreme Court · 1953
  2. Wood v. . WoodSupreme Court of North Carolina · 1923
  3. Staley v. . LoweSupreme Court of North Carolina · 1929
  4. Simmons v. SimmonsSupreme Court of Oklahoma · 1960

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