Smith v. Lincoln Trust Co.

Headnote

Services — decedent's estate — action to recover for services alleged to have been rendered to decedent in his lifetime.

Smith & Co. v. Lincoln Trust Co., 206 App. Dir. 610, affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21, 1923, affirming a judgment in favor of defendants entered upon a verdict. The action was brought to recover a sum alleged to be due the plaintiff from the estate of defendants’ testator for services rendered to the decedent during his lifetime by the plaintiff as expert accountant in connection with the investigation and inquiry into the handling of certain trust funds by decedent’s uncle. The only issue was as to the terms of the employment. Plaintiff claimed that it was to receive the reasonable value of the services rendered. Defendants claimed that by the agreement with decedent, plaintiff’s compensation was to be contingent upon a recovery and that if nothing was recovered from decedent’s uncle plaintiff would be entitled only to be reimbursed for actual disbursements made in connection with the investigation. Plaintiff admitted that such disbursements had been repaid.