In re the Judicial Settlement of the Account of Du Flon

The claimant, I believe, is entitled to compensation for her long years of service. An express obligation to pay is indicated by the evidence, and an implied promise is apparent from the facts. (Moore v. Moore, 3 Abb. Ct. App. Dec. 303, 312; Gillan v. O’Leary, 124 App. Div. 498, 501.) Claimant was a stranger, not seeking a home, and the decedent needed a housekeeper, and had no thought of extending the charity of his roof. The surrogate was not justified in not taking into consideration the evidence of service performed and its value. (Hull v. Littauer, 162 N. Y. 569, 572; McKeon v. Van…