Tracy v. Pioneer Trust Co.

Petition for rehearing denied September 12, 1944

On Petition for Rehearing

(151 P. (2d) 459)

BAILEY, C. J.,

on petition for rehearing. The appellant, Pioneer Trust Company, in its original brief on appeal assigned as error the failure of the court to give the following requested instruction:

“If you find from the evidence in this case that the services rendered by Alice Tracy were rendered under the hope and expectation that she would receive, at the death of Ann McKinney, what has been referred to herein as the home place, and if said hope was not based upon any promise or agreement upon the part…