Allen v. Smith

Opinion op the Court by

Judge Sampson

Reversing..

Appellee Smith and her son Herbert instituted this action for a settlement of the estate of John Allen, deceased, and to recover $2,500.00 for ‘ ‘ extraordinary services” rendered him during the last five years of his life. A verdict was returned and judgment entered thereon awarding appellees $2,500.00 subject to a credit of $375.00 for the use of the lands of the deceased. From that judgment this appeal is prosecuted by the administrator of Allen.

In form the original petition was one for a settlement of the estate of Allen. It sought the sale…