Velie v. Titus
New York Supreme Court
Appeal from special term, Dutchess county. Claim by Anna Mary Velie against Samuel Titus, as executor of the will -of John H. Titus, deceased, on a note executed by testator, as follows: “$1,000. “On demand, I promise to pay to Anna Mary Velie (my granddaughter) one thousand dollars, in consideration of five dollars in hand paid, and for services rendered me, and for other good and valuable consideration equivalent to the above-named sum; which sum, when paid, shall be in…
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Appeal from special term, Dutchess county. Claim by Anna Mary Velie against Samuel Titus, as executor of the will -of John H. Titus, deceased, on a note executed by testator, as follows: “$1,000. “On demand, I promise to pay to Anna Mary Velie (my granddaughter) one thousand dollars, in consideration of five dollars in hand paid, and for services rendered me, and for other good and valuable consideration equivalent to the above-named sum; which sum, when paid, shall be in full of all demands for services or otherwise which she has against me. “Dated Coffins Summit, February 14to, 1887.…
1Opinion of the CourtPratt, J.
It appears that the plaintiff rendered services to some extent to her grandfather, for which he executed and delivered to her his promissory note. That tlie sum was large for the amount of service shown must be conceded, but the amount was fixed by the maker himself, and he had a right to make his own estimate. It may well be, as held by the referee, that, on account of the relationship between the plaintiff and her grandfather, no promise would be implied to remunerate her for services. But it cannot be said that a claim for such remúneration would be so clearly unfounded that its…
2Cited by3 opinions
- Yarwood v. Trusts & Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1904
- In re the Accounting of EatonAppellate Division of the Supreme Court of the State of New York · 1944
- In re the Judicial Settlement of the Estate of SummonsNew York Surrogate's Court · 1905