In re the Estate of Card

Campbell, S.

Claimant seeks to establish a contract made with the deceased for work, labor and services.

Deceased was the grandfather of claimant’s husband, and the only witness testifying to the alleged contract is claimant’s husband. The courts do not look with favor on such evidence, and in the absence of additional evidence have rejected claims for insufficient proof. It so held in Matter of Otis (126 Misc. 741) and Hamlin v. Stevens (177 N. Y. 39).

However, it is the duty of the court in determining the validity of a claim of this nature to take into consideration all the facts and…