Mitchell, Ex'r v. Koch

GIBSON, V. C. J.

This is an action on a creditor’s claim instituted by Stella Koch against E. L. Mitchell, executor of the estate of Frank W. Whitney, deceased. Judgment was entered on the verdict for plaintiff, and defendant appeals.

The creditor’s claim was based upon the breach by the testator of an alleged oral agreement wherein he promised to will to plaintiff certain of his property in consideration for plaintiff’s services as his housekeeper during the remainder of decedent’s life.

The petition pleaded the oral agreement and the breach thereof, and sought to recover the value of…