Spraker v. Dow
New York Supreme Court
Appeal from judgment on report of referee. Action by Ella Spraker against Daniel J. Dow, executor, etc., of Sarah Hilton, deceased, to recover the amount of legacy which it was alleged the-testatrix had promised to leave plain tiff. Report and judgment for defendant, and plaintiff appeals.
1Opinion of the CourtIngalls, J.
We have carefully examined this case, and we are convinced! that the decision of the learned referee is correct in regard to the facts and the law. In the spring of 1874 the plaintiff became a member of the family of her grandfather, Philip Hilton, as a domestic; being then about 12 years of age. She- went then, pursuant to a paroi agreement made between Philip Hilton and Joseph Blythe, the father of the plaintiff, the terms of which were-that Philip Hilton was to provide the plaintiff with board, clothing, and schooling, and if she remained there until she married, or became 21 years of age,…
2Cases cited4 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Eisenlord v. . SnyderNew York Court of Appeals · 1877
- Linderman v. . FarquharsonNew York Court of Appeals · 1886
3Cited by1 opinion
- Ulrich v. UlrichThe Superior Court of the City of New York and Buffalo · 1892