Legal Opinion

McHatton v. Estate of McDonnell

Wisconsin Supreme Court

Decided December 4, 1917PublishedCited by 2 opinions

Appeal, from a judgment of tbe circuit court for Iowa county: G-eobge ClemeNtsoN, Circuit Judge. Tbe respondent filed a claim against tbe estate of Mary McDonnell, deceased, appellant bere, for services performed by ber upon an alleged express agreement to tbe effect tbat if respondent would leave ber borne and take care of ber mother and sister during tbeir lives, or so long as tbe mother should desire such services, she should be paid $1,000. The claim was originally filed…

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Appeal, from a judgment of tbe circuit court for Iowa county: G-eobge ClemeNtsoN, Circuit Judge. Tbe respondent filed a claim against tbe estate of Mary McDonnell, deceased, appellant bere, for services performed by ber upon an alleged express agreement to tbe effect tbat if respondent would leave ber borne and take care of ber mother and sister during tbeir lives, or so long as tbe mother should desire such services, she should be paid $1,000. The claim was originally filed for two causes of action: (1) for reasonable value of services, and (2) for the sum of $1,000 upon express agreement.…

1Opinion of the CourtKeRwiet, J.

The appellant seeks to reverse the judgment rendered upon several alleged errors assigned, which will be considered.

1. It is contended that the court erred in the admission of evidence of Lizzie Thoni, a sister of respondent. Mrs.' Thoni was allowed to testify under objection that her sister Mary Ann said to her, in the mother’s presence but in the absence of the respondent, that “We decided, mother has decided, that Mrs. McHatton will come here and take care of *326ber and manage affairs here and mother will give her a thousand dollars for coming and managing;” that her “mother said: ‘I could…

2Cases cited8 opinions

  1. Estate of KesslerWisconsin Supreme Court · 1894
  2. Odegard v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1907
  3. Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
  4. Fox v. MartinWisconsin Supreme Court · 1899
  5. Williams v. WilliamsWisconsin Supreme Court · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Renich v. KleinWisconsin Supreme Court · 1939
  2. Sisson v. JohnsonSupreme Court of Iowa · 1971

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