In re the Accounting of Landwehr

Appellate Division of the Supreme Court of New York

In re the Accounting of Landwehr

267 A.D. 768, 45 N.Y.S.2d 241, 1943 N.Y. App. Div. LEXIS 6166

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 1943

StatusPublished

This text of 267 A.D. 768 (In re the Accounting of Landwehr) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Landwehr, 267 A.D. 768, 45 N.Y.S.2d 241, 1943 N.Y. App. Div. LEXIS 6166 (N.Y. Ct. App. 1943).

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Opinion

Appeal from a decree of the Surrogate’s Court of the County of Queens insofar as it rejects the claim of the appellant against the estate of the deceased and disallows his objections to the account of the executors. The appellant claimed that he had rendered certain services to the decedent during his lifetime and that the decedent had agreed to pay him therefor; and he asked to be paid the reasonable value of the services rendered. The preponderance of. the- evi denee indicates that the decedent merely expressed an intention to make a gift. The claimant may have been disappointed in his expectations but he has failed to prove any binding obligation against the estate. (Frankenberger v. Sehneller, 258 N. Y. 270.) The decree, insofar as appealed from, is unanimously affirmed, with costs. Present1 — Close, P. J., Hagarty, Carswell, Adel and Lewis, JJ.

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Appeal from a decree of the Surrogate’s Court of the County of Queens insofar as it rejects the claim of the appellant against the estate of the deceased and disallows his objections to the account of the executors. The appellant claimed that he had rendered certain services to the decedent during his lifetime and that the decedent had agreed to pay him therefor; and he asked to be paid the reasonable value of the services rendered. The preponderance of. the- evi denee indicates that the decedent merely expressed an intention to make a gift. The claimant may have been disappointed in his expectations but he has failed to prove any binding obligation against the estate. (Frankenberger v. Sehneller, 258 N. Y. 270.) The decree, insofar as appealed from, is unanimously affirmed, with costs. Present1 — Close, P. J., Hagarty, Carswell, Adel and Lewis, JJ.

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Bluebook (online)

267 A.D. 768, 45 N.Y.S.2d 241, 1943 N.Y. App. Div. LEXIS 6166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-landwehr-nyappdiv-1943.

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