135 Minn. 327 | Minn. | 1917
Orville C. Ford and his wife were living in the little town of New Centerville, Wisconsin, in 1879. Mr. Ford kept a store. The Fords were childless. They became attached to Cynthia Hampton, an eight year old girl of a neighbor, a laborer having a large family, and offered to take
Many errors are assigned as ground for the reversal of the order appealed from. Only one need be considered, for we have concluded, after a careful examination of the testimony, that there is not sufficient support in the record for the basic finding that an agreement was made to give plaintiff a residence or home. Where it is sought to establish by parol a contract of the sort here involved, the proof must be clear, positive and convincing. Stellmacher v. Bruder, 89 Minn. 507, 95 N. W. 324,
* * * I think I’ll give her the home I’m living in.”
It seems that in 1898 the Fords, through plaintiff’s mother, procured Ruth Williams, a young woman of 17, from New Centerville, to malee her home with them. She virtually filled the place plaintiff occupied in the home when there. Miss Williams remained with them nearly 12 years, or until she married in 1909. On his deathbed Mr. Ford seems to have exacted a promise from his wife to convey one of their houses to Miss Williams. This was afterwards done and probably before the next to the last will was made in August, 1911, since in the preceding wills this house and lot were in each instance devised to Ruth, then Mrs. Reynolds. Some time thereafter in March, 1912, Ruth and plaintiff had some dispute. Knowledge of this came to Mrs. Ford, and so plaintiff on March 8, 1912, writes her: “Since the little spat which Ruth and I had last Sunday I have thought seriously over my rash words and actions. * * * Since you called me up Monday and threatened to take my name out of your will, if I carried out my threat against Ruth, that led me to presume that I am really remembered in your will, though I have been laboring under the impression for some time that I was not so favored. Now, whether or not I am to be a beneficiary of your will, would make no difference in the love and affections I have for you, but since God has favored and blessed you in bestowing upon you so much of this world’s goods, enabling you to live comfortably, peacefully and happy, and, it is your intention to remember me in your will, why wait until you are called from earth to glory — why not bestow upon me, while you live, whatever I am to have at your death? I am as needy now as I am likely to be then and you can have the satisfaction, while living, of seeing my numerous wants, for
The order is reversed.