McDaniels v. Schroeder

Plaintiff, a 71-year-old woman, brought suit in the Calhoun county circuit court against defendant, who is the administrator of the estate of Julius Emmerich, for specific performance of an alleged oral contract to make a will. Plaintiff was barred from testifying by the dead man’s statute, but it was shown at the trial that decedent was an elderly German naan who lived with plaintiff, died in her home, and relied heavily on her for transportation and companionship until the date of his death.

Testimony at ■ the trial. was given by Mr. Hendricks,'plaintiff’s nephew, who stated that on one…