Legal Opinion

In re the Judicial Settlement of the Accounts of Wood

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 1920PublishedCited by 2 opinions

Appeal by William G. Wood, as administrator, from parts of a decree of the Surrogate’s Court of the county of Westchester, bearing date the 7th day of October, 1919, and entered in the office of said Surrogate’s Court.

1Opinion of the Court

Jenks, P. J.:

The decree awards the claimant $1,360 compensation for certain services rendered to the intestate and for incidental expenditures. The basis of the decree is quantum meruit. The opinion of the learned surrogate indicates that he rested such decree upon the undisputed proof of services at the request of the intestate, of certain expenditures a'nd of statements of the intestate that he expected to pay for such services. (Matter of Bayles, 108 Mise. Rep. 117.) It may be conceded that there was no relation between claimant and intestate that justified a conclusion that such services…

2Cases cited2 opinions

  1. McKeon v. . Van SlyckNew York Court of Appeals · 1918
  2. Reed v. . McConnellNew York Court of Appeals · 1892

3Cited by2 opinions

  1. Clarke v. Max Advisors, LLCDistrict Court, N.D. New York · 2002
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of MoodieNew York Surrogate's Court · 1927

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