In re the Estate of Ryder
New York Supreme Court
Appeal from decree of surrogate, awarding to claimant $1,000 for services rendered to decedent. The testator died at his home in Mount Kisco on the 3d of August, 1888, leaving him surviving his widow Hester M. Ryder, and his daughter by a former wife, Sarah E. Hall, and the claimant, who is a daughter by his last wife. Mrs. Hall has been for many years residing away from home with her husband.
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Appeal from decree of surrogate, awarding to claimant $1,000 for services rendered to decedent. The testator died at his home in Mount Kisco on the 3d of August, 1888, leaving him surviving his widow Hester M. Ryder, and his daughter by a former wife, Sarah E. Hall, and the claimant, who is a daughter by his last wife. Mrs. Hall has been for many years residing away from home with her husband. The testator owned a house and lot in which' he and his wife with the youngest daughter resided alone together, until the latter was married to Mr. Dromgoole, in or about the year 1881, when he also…
1Opinion of the Court
The following is the opinion of the surrogate:
Coffin, S.
Undoubtedly the general rule is that, as between members of the same family, neither party can recover for services rendered, in the absence of an expless agreement or promise to pay. This rule is founded upon the idea of reciprocity between them, and the fact that the value or benefits received by one are greater than those received by the other will make no difference. They must, however, be mutual. To illustrate: Suppose this claimant had sought to recover for services rendered before the testator became ill, she would have been…
2Cases cited4 opinions
- Shakespeare v. . MarkhamNew York Court of Appeals · 1878
- Bowen v. BowenNew York Surrogate's Court · 1853
- Keller v. StuckNew York Surrogate's Court · 1880
- Maltby v. Harwood & WellsNew York Supreme Court · 1852