CLARK v. KING


284 A.D. 867 (1954)

Rebecca Clark, Appellant, v. Maud M. King, as Executrix of James W. Mangan, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 1954.


Judgment and order reversed on the law and facts and a new trial granted, without costs of this appeal to either party.

Memorandum:

We think that plaintiff-appellant made out at least a prima facie case on the question of indebtedness of the testator to her for work, labor and services as a housekeeper for the period not barred by the Statute of Limitations and that question should have been submitted to the jury. We also think that the court erred in excluding...

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