In re the Judicial Settlement of the Account of Dole
New York Surrogate's Court
Appeal by John Quinn, one of the next -of kin of Bridget Quinn, deceased, from a decree of the Surrogate’s Court of King’s county, entered in the office of said Surrogate’s Court on the 30th day of Hovember, 1914, settling the accounts of the administratrix herein.
1Per curiam
—Notwithstanding that the allowance of the claim by the administrator established prima, facie its validity (Matter of Warrin, 56 App. Div. 414), and that unquestionably the claimant lodged and boarded the intestate for the period covered by his claim, we think that the- claim cannot be allowed. The law should not imply an obligation to pay, inasmuch as the claimant is a son-in-law of the intestate and received her into the home occupied by him and his wife. (Gall v. Stark, 98 Ill. App. 121 ; Gerz v. Weber, 151 Penn. St. 396. See, too, Collyer v. Collyer, 113 N. Y. 449.) The theory of the…
2Cases cited6 opinions
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Kearney v. . McKeonNew York Court of Appeals · 1881
- Collyer v. . CollyerNew York Court of Appeals · 1889
- In re WarrinAppellate Division of the Supreme Court of the State of New York · 1900
- Porter v. RhoadesAppellate Division of the Supreme Court of the State of New York · 1900
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