Will of Adam, In re

• Decision Date: 10 January 1957
• Citation: 140 N.E.2d 549,2 N.Y.2d 796,159 N.Y.S.2d 698
• Parties: , 140 N.E.2d 549 In re ADAMS' WILL. In the Matter of the Judicial Settlement of the Accounts of Ezra RIFLE, as Executor of the Last Will and Testament of Ray E. Adams, Deceased. Frances M. Nielsen, Appellant, Ezra Rifle, as Executor etc., Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 698

159 N.Y.S.2d 698

2 N.Y.2d 796, 140 N.E.2d 549

In re ADAMS' WILL. In the Matter of the Judicial Settlement of the Accounts of Ezra RIFLE, as Executor of the Last Will and Testament of Ray E. Adams, Deceased. Frances M. Nielsen, Appellant, Ezra Rifle, as Executor etc., Respondent.

Court of Appeals of New York.

Jan. 10, 1957.

Appeal from Supreme Court, Appellate Division, Fourth Department, 1 A.D.2d 259, 149 N.Y.S.2d 849.

Proceeding in the matter of the judicial settlement of the accounts of executor.

The Surrogate's Court, Erie County, Charles T. Yeager, S., sustained a part of a claim against estate of deceased testator by his niece for personal and nurse services rendered by her to testator during his lifetime, and the executor appealed.

The Appellate Division, Kimball, J., reversed the decree on the law and the facts, dismissed the claim, and held that evidence was insufficient to sustain claim as showing no expectation by niece of compensation for such services or implied agreement by deceased to pay claimant therefor.

The niece appealed to the Court of Appeals and made a motion to prosecute the appeal as a poor person, and motion was made to dismiss the appeal.

The Court of Appeals, 1 N.Y.2d 856, 153 N.Y.S.2d 234, denied motion to dismiss appeal and granted motion to prosecute appeal as a poor person.

The Court of Appeals, 2 N.Y.2d 717, 157 N.Y.S.2d 349, denied motion to dismiss appeal and granted motion for an order precluding the niece from serving and filing a brief unless she should serve and file her brief within 20 days after service of the order by registered mail.

Order affirmed, with costs payable to the executor out of the estate.

All concur.