Price v. Price's
Court of Appeals of Kentucky
Case 5 — PETITION EQUITY 1. If the evidence of the appellant is treated as incompetent there is still abundant evidence in the record to show the fixed determination and purpose of the decedent to pay appellant out of his estate for her services to him. 2. But at any rate there is a state of case from which a Chancellor, in the interest of justice, will imply a promise. 5. Mere expectation can not in general create an enforcible contract, and affect a valid claim against the…
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Case 5 — PETITION EQUITY 1. If the evidence of the appellant is treated as incompetent there is still abundant evidence in the record to show the fixed determination and purpose of the decedent to pay appellant out of his estate for her services to him. 2. But at any rate there is a state of case from which a Chancellor, in the interest of justice, will imply a promise. 5. Mere expectation can not in general create an enforcible contract, and affect a valid claim against the estate of the indebted person. The evidence shows an implied understanding that Jacob was to pay Kate for her services.…
1Opinion of the Court
JUDGE DuRREL
Delivered the opinion of the court.
The appellant in this case instituted a suit in equity against the appellee as. executor of Jacob Price for service^ rendered “at the special instance and Tequest of her brother, the testator. and in compliance with hia earnest entreaty” in houses keeping, cooking and washing and nursing and waiting on him until a short time before his death, the alleged value of such services being placed at $17,526.66.
*30The petition alleged that “to induce her to perform said services her brother promised and agreed that he would leave her a legacy at his death…
2Cases cited1 opinion
- Hall v. FinchWisconsin Supreme Court · 1871
3Cited by21 opinions
- Kellum v. Browning's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- Bolling v. Bolling's Admr.Court of Appeals of Kentucky · 1912
- Turpin's Administrator v. StringerCourt of Appeals of Kentucky (pre-1976) · 1929
- Dowell v. Dowell's Admr.Court of Appeals of Kentucky · 1910
- Farley v. StaceyCourt of Appeals of Kentucky · 1917
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