129 Mich. 146 | Mich. | 1901
The claimant, on appeal from an allowance by the probate court, recovered a judgment against the estate of $416 for services rendered in the care of the deceased in her lifetime. The claimant is the daughter of the deceased, and the evidence shows that- she and her mother had lived together for many years in the homestead; that, some time before the decease of Olive Kanous, she gave the claimant a life lease of the 15 acres of ground upon which the house stood; and that, some 5 years before her decease, a guardian was appointed over the estate of Olive Kanous. The family relations continued the same.
There is no evidence of any express contract on the part of the deceased to pay for the care and services claimed to have been rendered. On the contrary, it is undisputed that claimant has stated that there was no such express •contract; and much of the undisputed testimony goes
There is nothing, therefore, to show that the services were rendered with the expectation of receiving compensation for them on the part of Caroline; and the testimony as to the expectation of deceased is quite as consistent with the theory that what she expected to bestow upon Caroline was a special bounty, as that it was compensa
The circuit judge appears to have relied upon the case of Sammon v. Wood, 107 Mich. 506 (65 N. W. 529). The authority of that case must be limited by the facts shown. It was said that it is not necessary to show that, at a given time before the rendition of the services, a formal contract was entered into, on the one part to work, and on the other to pay, and that “if the facts and circumstances attending the performance of the work and its acceptance are sufficient to rebut the presumption which obtains in such cases, and authorize the inference that both parties acted upon the understanding that the services were to be paid for, that would be equivalent to a promise to pay for such services.” This is undoubtedly a correct statement of the rule as applied to the facts in that case. In that case decedent had frequently stated to the claimant that he intended to leave the farm to her in consideration of her services; and it was said, “ It was entirely competent for him to agree that, if she should remain with him and look after his wants and those of her mother, she should have all his property. ” And it was stated that the only question in the case to be determined was, was such a promise made ? The answer was, the decedent did more than promise; he
The judgment will be reversed, and no new trial ordered.