In re Humfreville
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward Kent, as. executor, etc., of Mary J. Havemeyer, deceased, and others, from so much of a decree of' the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 17th day of March, 1896, as adjudges that J. Lee Humfreville has a valid claim against the estate of Mary J. Humfreville, deceased, for services rendered by him to her.
1Opinion of the Court
Ingraham, J.:
We do not think there is any evidence to support the finding of the referee that the claimant, the respondent, performed any services for the testatrix under her retainer or employment, or with her knowledge, for which she was indebted to- him. The only testimony as to the performance of any services was that given by the iespondent. That testimony was all objected to.as incompetent, under section 829 of the Code of Civil Procedure; but, assuming that it was competent to prove the fact that he did certain work, it was not competent, either directly or indirectly, to prove the…
2Cases cited6 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- Lerche v. . BrasherNew York Court of Appeals · 1887
- Van Slooten v. WheelerNew York Court of Appeals · 1893
- Simmons v. . HavensNew York Court of Appeals · 1886
- Burger v. . BurgerNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927
- In re the Judicial Accounting of SmithAppellate Division of the Supreme Court of the State of New York · 1902
- Abelein v. PorterAppellate Division of the Supreme Court of the State of New York · 1899
- Narganes v. MadanAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Judicial Settlement of the Account of CozineAppellate Division of the Supreme Court of the State of New York · 1906
3 more not listed; retrieve them via the Exa API.