Estate of Kessler
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Pepin County. Joseph Seholz presented to the county court of Pepin county a claim against the estate of Mary Kessler, with a bill of particulars thereof, alleging in substance that the deceased intestate was the owner of certain lands in Pepin county used and occupied as .a farm, and August 1, 1888, she, in her lifetime, entered into a contract with the claimant that he should work and labor for her on and about her farm, and render her…
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APPEAL from, the Circuit Court for Pepin County. Joseph Seholz presented to the county court of Pepin county a claim against the estate of Mary Kessler, with a bill of particulars thereof, alleging in substance that the deceased intestate was the owner of certain lands in Pepin county used and occupied as .a farm, and August 1, 1888, she, in her lifetime, entered into a contract with the claimant that he should work and labor for her on and about her farm, and render her care, attention, and assistance during her lifetime, for which she agreed to compensate him at the time of her death by…
1Opinion of the CourtFinney, J.
1. Where near relatives by blood or marriage reside together as one common family, and one of them renders services to another, and such other furnishes him board and lodging or other necessaries or comforts, a presumption arises that neither party intended to receive or to pay compensation for the services rendered on the one hand, or for the board and lodging or other necessaries or comforts on the other; that they were intended as mutual acts of kindness done or furnished gratuitously. And the relation of aunt and nephew seems to be within the rule. We think, however, it is going too far…
2Cases cited21 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Smith v. DenmanIndiana Supreme Court · 1874
- Hill v. HillIndiana Supreme Court · 1889
- Wells v. PerkinsWisconsin Supreme Court · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Leoni v. DelanyCalifornia Court of Appeal · 1948
- Martin v. Estate of MartinWisconsin Supreme Court · 1900
- Baker v. KirwinNebraska Supreme Court · 1944
- Horton v. StegmyerCourt of Appeals for the Eighth Circuit · 1910
- Taylor v. ThiemanWisconsin Supreme Court · 1907
40 more not listed; retrieve them via the Exa API.