In re Wells
New York Supreme Court
Appeal from a decree of the surrogate of Orange county rejecting a claim of the appellant against the estate of the testator, and allowing a claim of the executor against said estate, and directing the sale for payment of testators debts, of real property, devised by the testator to the appellant and from an order directing such. sale.
1Opinion of the CourtBarnard, P. J.
The claim which was allowed by the executor seems to be very imperfectly proven. He was the son of the testator and had lived on his premises for many years before his father’s death. A butcher business had. been carried on there and it is impossible to tell upon what principle as between father and son, from the testimony of the son. The father made no agreement for the rent with the son. He was to have what meat he wanted and what money. No account was kept of either meat or money until twelve years ago and then of money only. There was no new agreement made then and no reason given why any…
2Cases cited1 opinion
- Markey v. . BrewsterNew York Court of Appeals · 1877