Stone v. Todd
Supreme Court of New Jersey
On rule to show cause why a new trial should not be granted. Stephen B. Tiodd died intestate, January 25th, 1883, leaving the defendants, his brothers and sisters surviving him, his heirs-at-law.
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On rule to show cause why a new trial should not be granted. Stephen B. Tiodd died intestate, January 25th, 1883, leaving the defendants, his brothers and sisters surviving him, his heirs-at-law. This action was brought, January 18th, 1886, by the plaintiff, to recover for services rendered by her as housekeeper to the decedent, from May, 1859, to January 25th, 1883, the date of his death, for which she claimed at the rate of $50 per month, amounting, in all, to more than $14,000. The estate was large, and either the personal or real estate ample to pay all debts, including the entire claim…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
There is no dispute between these parties-that if the plaintiff have a legal cause of action she might-bring suit against the administrators after the expiration of the rule to bar creditors, for the distributive shares had not been paid over to the persons entitled to the same, and were assets in the hands of the administrators for the payment of a ratable proportion of the claim of any creditor who should not have presented the same within the time limited in the rule to bar creditors. Rev., pp. 765, 766. The contention is that the…
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