In Collier v. Rutledge, 136 N.Y. 621, the court quotes the opinion of the Supreme Court appealed from, which contains the following: "The contract between the plaintiff and the decedent, as found by the referee, was that for the additional services to be rendered by the plaintiff, `he (the intestate) would provide for her in his will or by a codicil.

In Collier v. Rutledge, 136 N.Y. 621, Judge Andrews, writing for the court, said: "The decedent made no testamentary provision for the plaintiff, and it is well settled that when services are rendered to a testator under a contract to make compensation therefor by will, and he dies having made no provision therefor, the person rendering the services stands as a creditor of the estate and may recover from his representatives the value of the services.