Legal Opinion

Wilcox v. Wilcox

New York Supreme Court

Decided March 4, 1867PublishedCited by 15 opinions

THIS is an appeal from the final decree of the surrogate of Monroe county, settling the accounts of Margaret Wilcox, as administratrix of Milton P. Wilcox, deceased, in which her rights and duties as such administratrix, and as heir at law of her father, Isaac B. Cole, and as legatee in his will named, are involved, and were necessarily passed upon by the surrogate.

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THIS is an appeal from the final decree of the surrogate of Monroe county, settling the accounts of Margaret Wilcox, as administratrix of Milton P. Wilcox, deceased, in which her rights and duties as such administratrix, and as heir at law of her father, Isaac B. Cole, and as legatee in his will named, are involved, and were necessarily passed upon by the surrogate. Isaac B. Cole died at Perinton in the "year Í862, leaving a will, and leaving Cynthia Cole, his widow, Henry Cole, his son, and Margaret Wilcox, his daughter, and heirs at law, and legatees named in his will. Margaret, at the time…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The surrogate was clearly correct in disallowing the claim of $800 for board and horse keeping. The proof showed that upon the marriage of Milton P. Wilcox with Margaret Cole he lived at his wife’s father’s and made it his home there, by invitation and common consent, without any claim, suggestion or expectation by any one that he was to pay for the board of himself and wife. Ho agreement for board is proved; and without an express agreement to pay for board no legal claim arose, and none should be recognized or allowed, under such circumstances. The case of…

2Cases cited4 opinions

  1. Robinson v. CushmanNew York Supreme Court · 1846
  2. Williams v. HutchinsonNew York Supreme Court · 1849
  3. Woolever v. KnappNew York Supreme Court · 1854
  4. Dye v. KerrNew York Supreme Court · 1851

3Cited by15 opinions

  1. Beardsley v. . HotchkissNew York Court of Appeals · 1884
  2. Hays v. McConnellIndiana Supreme Court · 1873
  3. In re the Estate of BursteinNew York Surrogate's Court · 1934
  4. Kean v. ConnellySupreme Court of Minnesota · 1878
  5. Rich v. RichNew York Supreme Court · 1888

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