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Matter of Michaels

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1942
265 App. Div. 871 (N.Y. App. Div. 1942)

Opinion

November 16, 1942.

Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.


Decree of the Surrogate's Court, Kings County, allowing respondent's claim against the estate and directing the administratrix to file an account of her proceedings, unanimously affirmed, with costs to respondent, payable out of the estate. The testimony of respondent's daughter as to the agreement and the services rendered by respondent as housekeeper for deceased, although that of a person having a moral interest in the result, was nevertheless corroborated by decedent's acknowledgment of the debt, contained in the book kept by the witness at decedent's request, and the burden of proving nonpayment was not on the respondent. ( Lerche v. Brasher, 104 N.Y. 157; Matter of Barry, 250 App. Div. 814.)


Summaries of

Matter of Michaels

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1942
265 App. Div. 871 (N.Y. App. Div. 1942)
Case details for

Matter of Michaels

Case Details

Full title:In the Matter of EMILIA MICHAELS, Respondent, to Compel MATILDA RUPPERT to…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 16, 1942

Citations

265 App. Div. 871 (N.Y. App. Div. 1942)