Walters v. Mayhew
New York Supreme Court
Appeal from surrogate’s court, Oneida county. An action by Cora M. Walters against Mortimer M. Mayhew, executor, etc., of Merchant M. Mayhew, plaintiff’s deceased grandfather, to recover for services rendered testator in his life-time. The plaintiff presented her claim to the defendant as executor, who served a notice in writing, stating that he “doubted the justice and validity of such claim,” and offered to refer the same.
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Appeal from surrogate’s court, Oneida county. An action by Cora M. Walters against Mortimer M. Mayhew, executor, etc., of Merchant M. Mayhew, plaintiff’s deceased grandfather, to recover for services rendered testator in his life-time. The plaintiff presented her claim to the defendant as executor, who served a notice in writing, stating that he “doubted the justice and validity of such claim,” and offered to refer the same. Thereafter an agreement to refer was made and entered into, whereby the matter in controversy was referred to a referee; and on the 13th of March, 1889, the surrogate of…
1Opinion of the CourtHardin, P. J.
1. This case does not fall within the rule that the law will not imply a promise to pay for services where a party stands in loco parentis. Williams v. Hutchinson, 5 Barb. 124, affirmed 3 N. Y. 312. When the referee considered the request of the testator for the plaintiff’s services, communicated to plaintiff at his request, and upon which the plaintiff acted and relied, together with all the incidents attending the services, and the declarations of the testator in relation to the services, and payment and settlement therefor, in connection with the evidence, offered by the defendant in…
2Cases cited6 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Williams v. HutchinsonNew York Supreme Court · 1849
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Bank of Salina v. HenryNew York Supreme Court · 1846
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