167 N.W. 391 | S.D. | 1918
One Mrs. Frieliiog died intestate, leaving as her surviving ¡heire certain children and grandchildren. The youngest of -the children is the plaintiff and appellant herein. At Míe- time of ¡tibe death i of her ¡mother, plaintiff wias over 30 years olf age, and slhe had resided with her mother at all times since her ¡majority. A few days after the death o-f the mother, tih'e childreni met ¡to talk over matters pertaining to, -the settlement -and administration of her estate. This addon -is- brought to retíover $250, and is based! upon, the following cMmts: Plaintiff claims that, at the meeting above referred1 to-, the. question of
Wie aire iolf line opinion that one who, for 15 years after reaching her majority, remains in the home oí her mother caring for anidi serving such mother under a belief .and expectation that she wlill be recompensed therefor, may.upon the mother’s death have a reasonable and plausible — though perhaps legally insufficient — ground for honesty believing that she has a valid claim against the mother’s estate. The existence of such belief and expectation, as well as the question of good faith on the part of the claimant, are peculiarly matters for the determination of the jury.
The order appealed from is ‘affirmed.