In re the Accounting of Calvin Vary — 271 A.D.2d 1061

Majority

p. 1061

In the Matter of the Accounting of Calvin P. H. Vary, as Executor of Kate L. Goldsmith, Deceased, Respondent. Gustave Markendorf, Appellant.

Decree reversed on the facts, with costs payable out of the estate, and claim allowed in the sum of $270.75 and matter remitted to the Surrogate’s Court of Wayne County to enter a decree accordingly. Memorandum: On the undisputed evidence plaintiff is entitled to his pay for sixty hours for cutting peas at fifty cents an hour; seventeen hours for cutting and drawing hay at fifty cents an hour; thirty-four hours for cleaning stables at fifty cents an hour; and $215.25 for drawing water. All concur, except Larkin, J.,, not voting. (The decree disallows a claim against an estate for services performed.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.