In Re Klepper's Estate

(dissenting) — I respectfully dissent from Division I of the majority opinion.

I think the question whether there was a family relationship was for the jury, not the court, and claimants’ motion to strike this defense was properly overruled. Claimants’ argument there is no evidence to support this defense is largely based on the fact decedent was sick and therefore unable to render reciprocal-services. We have never held such inability is fatal, as a matter of law, to the defense of family relationship. In fact we have held to the contrary. It is merely one of the elements to be considered by…