Selover v. . Coe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the defendant, entered upon the report of a referee. This action was brought against defendant as one of the heirs at law and next of kin of Ditmas Duryea, deceased, to recover the shares of the real and personal estate received by him to be applied upon an alleged claim of plaintiff against the estate.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of the defendant, entered upon the report of a referee. This action was brought against defendant as one of the heirs at law and next of kin of Ditmas Duryea, deceased, to recover the shares of the real and personal estate received by him to be applied upon an alleged claim of plaintiff against the estate. The referee found, in substance, that in the year 1860 said Duryea agreed with plaintiff, in consideration of her work, labor and services to be performed in his…
1Opinion of the CourtMiller, J.
If the plaintiff is entitled to maintain this action, it must be done in accordance with the statutory regulations, which establish a legal liability under the circumstances presented. There is no rule of the common law which furnishes a precedent for such a case. Even if there was, as the statute has made provision for cases in which heirs or next of kin may be liable for the contracts and debts of a deceased person, these enactments are controlling. They must, therefore, be considered as establishing the law upon the subject, and superseding any other rule which may previously have existed.…
2Cases cited1 opinion
- Erwin v. . LoperNew York Court of Appeals · 1871
3Cited by24 opinions
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
- Olmstead v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896
- Miller v. EwingOhio Supreme Court · 1903
- Stone v. ToddSupreme Court of New Jersey · 1887
- Mitchell v. Union Terminal Railway Co.Supreme Court of Iowa · 1904
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