Draper v. Turner

William N. Draper, late of Hopedale in this Commonwealth, was the plaintiff’s father. The defendant is executor of the father’s estate. This action of contract is to recover the fair value of services rendered by the plaintiff and his wife from 1937 until the father’s death on March 24, 1948. The services were performed pursuant to an unenforceable oral agreement that the father would by will leave all that he owned to the plaintiff. See Downey v. Union Trust Co. 312 Mass. 405, 411; Turner v. White, 329 Mass. 549, 554; G. L. (Ter. Ed.) c. 259, § 5.

The jury could have found these facts. In…