Conant v. Estate of Kimball
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: N. S. GilsoN, Circuit Judge. Plaintiff filed a claim in the county court of Fond du Lac ■county against the estate of Charles F. Kimball, deceased. Such claim was allowed, and the executor appealed to the circuit court.
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Appeal from a judgment of the circuit court for Fond du Lac county: N. S. GilsoN, Circuit Judge. Plaintiff filed a claim in the county court of Fond du Lac ■county against the estate of Charles F. Kimball, deceased. Such claim was allowed, and the executor appealed to the circuit court. The issue respecting the claim was tried on appeal,- and resulted in a finding in substance as follows: (1) Between March, 1873, and December 16, 1886, the deceased was a farmer residing on a farm in Fond du Lac county, during which time the claimant, Benjamin F. Oonant, performed labor and services for the…
1Opinion of the Court
The following opinion was filed Febrnary 2, 1897:
Marshall, J.
The findings of the trial court to the effect that the respondent worked for the deceased from 1873 to 1886 under a contract that the latter would compensate the former for his services by a legacy to be made in the latter’s will, are challenged as not supported by the evidence, and such exception presents the first question for consideration.
If any contract was established, it was by evidence of declarations made by the deceased during his lifetime, and while the period of service was in progress, indicated by the following : Lydia…
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