117 Mich. 394 | Mich. | 1898
This is an appeal from the Alpena circuit allowing a claim in favor of Abraham R. Blakley against the estate of Julia Farwell, deceased. Mr. Blakley was the business manager of the estate of Julia Far-well from the time she came into possession of her estate by inheritance from her mother until her death, which occurred February 29, 1896. This estate consisted of dwelling houses, a brick block, and unimproved property, or city lots, situated in Alpena, a portion of which had been sold on land contracts. Miss Farwell disposed of her property by will, dividing it into three equal parts. One-third she willed to George Grove Cochran, the contestant in this case; one-third to her sister, Mrs. Osborn; and one-third principally to charitable institutions. Mr. Blakley filed two claims in the probate court against the estate of Miss Farwell, — one for his personal services in managing the estate for the last few years, the other on a promissory note, which reads as follows:
“$1,200. Alpena, August 14,1888.
“One year after date I promise to pay to the order of Mrs. A. E. Montague twelve hundred dollars, at Alpena (value received), with interest at 8 per cent, per annum until paid.
[Signed] “Julia Farwell,
“By Abraham R. Blakley, Agent.”
The note is indorsed: “A. R. Blakley. A. E. Montague.”
Both of these claims were allowed in the probate court, and from that order Mr. Cochran appealed to the circuit court. Mr. Blakley presented no evidence on the trial in the circuit court in support of his claim for services, but his claim upon the note was allowed by the jury at $1,966, and the case is brought to this court for review.
In 1887 the house occupied by Mr. Blakley, and the one
“Said she would like to give more money to those missionaries, or some cause they had, but said that she didn’t*397 think she could on account of this note of Abraham that she owed; she must pay that first.”
It is contended that, before a ratification can be shown, it must appear that the principal has full knowledge of the transaction. This knowledge may be inferred from the circumstances proven. At the time of this last conversation, deceased was a resident of Alpena, living in the family of claimant, and the jury might well have drawn the inference that she had informed herself of the situation before making the statements shown.
The charge of the circuit judge was sufficiently favorable to the estate.
Judgment affirmed.