133 Misc. 77 | N.Y. Sur. Ct. | 1928
Supplementing my original decision in this contested accounting proceeding (127 Mise. 797; 133 id. 72), the respective personal claims of the two executors made in their first accounting will be disposed of as follows:
(1) As to the claims of Anna Ryan, the following were withdrawn by consent: Items of $561.08, $60, $72 and $331.
(2) There remains for disposition her claim for services rendered to the decedent as nurse and housekeeper from December 5, 1917, to November 3, 1921, a period of 198 weeks at $20 per week, $3,960. I find upon the testimony that there is no legal basis for its allowance. The claim is asserted by a sister of the decedent, who resided with him and their aged mother. The sister was the housekeeper of the family for a long time prior to the making of the alleged agreement. The change of status, therefore, from a member of the family, rendering gratuitous services and receiving support in the household, to an employee for pay, requires close
(3) The remaining undisposed of personal claim of Patrick J. McNulty is allowed, and the payment of $1,064 for counsel fees is confirmed as paid.
The foregoing determinations may be embodied in the proposed decree in the pending accounting proceeding.