Dodson v. . McAdams
Supreme Court of North Carolina
Civil actiou, tried before Connor, Judge, at August Term, 1886, of ObaNGE Superior Court. The action was brought to August Term, 1885, to recover on an alleged contract between John Whitaker, the testator of defendant, and the feme plaintiff, that services rendered to the testator should be compensated in his last will and testament.
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Civil actiou, tried before Connor, Judge, at August Term, 1886, of ObaNGE Superior Court. The action was brought to August Term, 1885, to recover on an alleged contract between John Whitaker, the testator of defendant, and the feme plaintiff, that services rendered to the testator should be compensated in his last will and testament. Defendant denied any such contract, and alleged that the feme plaintiff lived with testator as a member of his family, and only performed such services as were customary for a girl in her station in life, and when married, the testator, who was her grandfather,…
1Opinion of the CourtMerrimon, J.
It seems to be settled law — certainly in this State — that if a grandfather receives his grandchild or grandchildren into his family, and treats them as members thereof — as his own children — he and they are in loco paren-tis et liberorum, and hence, if the grandchild in such case, shall do labor for the grandfather, as a son or daughter does ordinarily as a member of the family of his or her father, in that case, in the absence of any agreement to the contrary, no presumption of a promise on the part of the grandfather to pay the grandchild for his labor arises; the presumption is to the…
2Cited by25 opinions
- Reynolds' Adm'r v. ReynoldsCourt of Appeals of Kentucky · 1892
- Winkler v. Killian.Supreme Court of North Carolina · 1906
- Brown v. . WilliamsSupreme Court of North Carolina · 1928
- James v. GillenIndiana Court of Appeals · 1892
- Johnson v. SandersSupreme Court of North Carolina · 1963
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