Wood v. Estate of Lewis
Missouri Court of Appeals
Appeal from Franklin Circuit Court.—Eon. B. A. B. A. Breuer, Judge. In tbe case at bar the family relation appears from plaintiff’s evidence, and there is no evidence whatever to overcome the legal presumption that the service rendered by the one to the other member'-of the family was a gratuitous service. Therefore the court erred in refusing to give to the jury the instruction in nature of a demurrer .to the evidence asked by defendant. Mabary v. Mabary, 173 Mo.
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Appeal from Franklin Circuit Court.—Eon. B. A. B. A. Breuer, Judge. In tbe case at bar the family relation appears from plaintiff’s evidence, and there is no evidence whatever to overcome the legal presumption that the service rendered by the one to the other member'-of the family was a gratuitous service. Therefore the court erred in refusing to give to the jury the instruction in nature of a demurrer .to the evidence asked by defendant. Mabary v. Mabary, 173 Mo. App. 437; Lambert v, Hodgdon, 172 Mo. App. 24; Brand v. Ray, 156 Mo. App. 622; Cupp v. McCallister, 144 Mo. App. Ill; Fitzpatrick…
1Opinion of the CourtAllen, J.
This is an action founded upon the following demand presented to the probate court of Franklin county for allowance against the estate of one Minnie R. Lewis, deceased, by the respondent Wood, viz.:
“For board and lodging furnished and for services rendered by him and Carrie Wood, his wife, for said Minnie R. Lewis, in providing and caring for and in nursing and attending to her and washing her clothes at her special instance and request for the period of ten years beginning August 28, 1901, and ending August 30, 1910; same being during her last illness, and for services rendered in caring for…
2Cases cited17 opinions
- Hart v. HessSupreme Court of Missouri · 1867
- Sprague v. SeaSupreme Court of Missouri · 1899
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
- Lillard v. WilsonSupreme Court of Missouri · 1903
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3Cited by12 opinions
- Wells v. GoffSupreme Court of Missouri · 1951
- Smith v. Estate of SypretSupreme Court of Missouri · 1967
- Twiford v. WaterfieldSupreme Court of North Carolina · 1954
- Keeshan v. Embassy Investment CompanyMissouri Court of Appeals · 1957
- Boyher v. Estate of GearhartMissouri Court of Appeals · 1963
7 more not listed; retrieve them via the Exa API.