Patterson v. Patterson

jthe plaint®-; “i»e of age, worked for ws wuiV ¿,ótIm¿?ñtain°an' l?™mpSFoVñ during Uie life-&5,eer. °f h'S

A MOTION was made to set aside the report of referees in this cause. The plaintiff is a son of the defendant, and was born in 1773, and lived with and worked for his father, on his farm, until 1810; except that for one or two years during that time, he had the farm on shares. In 1805, or 1806, the defendant said he intended to reward the plaintiff well, that he was old, and that the plaintiff must continue with him as long as he lived, and he would reward him well, and that he should have the farm, paying legacies to his other children. In the autumn of 1810, the defendant tendered to the plaintiff 750 dollars, as a compensation for his services, for 15 years, and requested him to sign a receipt, which the plaintiff declined doing, and did not take the money. One of the witnesses stated that about five years ago, the defendant said he intended to give the plaintiff 750 dollars for his services, and had provided for it in his will, and that he should share equally with the other children. In his will, dated 22d of March, 1810, which was. produced and proved before the referees, to be duly executed, it appeared that the defendant had ordered 750 dollars to be paid to the plaintiff; but if he should receive it after the date of the will, or before the testator’s death, it was to be deemed a discharge of the bequest: and he gave all his real and personal estate to his wife for life, and, after her death, to his seven children, equally to be divided between them; and in a codicil to the will he declared that the sum directed to be paid to the plaintiff was to be in full compensation, for all his labour and services on the farm, since he came of age».