Legal Opinion

Niskern v. Haydock

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

Decided December 15, 1897PublishedCited by 3 opinions

Appeal by the defendant, ..George R., Haydock, as executor, etc., of Melicent Stebbins, deceased, from .a judgment of the Supreme . Court in favor of the plaintiff, -entered in the office of the clerk of the county of Westchester " on the 3d day of July, 1897, upon the report of’ a referee.

1Opinion of the Court

Cullen, J.:

This proceeding is a reference,. under the statute, of a claim "against the estate of a deceased person. The plaintiff sought to-recover for1 personal services rendered to the deceased. The defendant denied .both the rendition of the services and; their alleged valué. On the trial the plaintiff was permitted to prove a conversation between - herself and the defendant Haydock concerning the. merits of her claim, which took ¡place prior to the death, of the deceased, and. also to place in evidence a letter written by-the defendant to her about the samé time. This evidence was…

2Cases cited2 opinions

  1. Church v. . HowardNew York Court of Appeals · 1880
  2. Fitzmahoney v. CaulfieldNew York Supreme Court · 1895

3Cited by3 opinions

  1. LeLong v. SiebrechtAppellate Division of the Supreme Court of the State of New York · 1921
  2. Williams v. CulverOregon Supreme Court · 1901
  3. In re the Estate of McGrathAppellate Division of the Supreme Court of the State of New York · 1946

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