Emery v. Wheeler

This action of assumpsit against the defendant as administrator of the estate of Ella F. Loveitt, late of South Portland, deceased, grows out of the plaintiff’s claim for services rendered the intestate in her lifetime under an oral agreement that she would bequeath and devise to the plaintiff by will all property which she had at her decease.

The case comes forward on exceptions to the refusal of the presiding Justice to direct a verdict for the defendant, to the allowance of an amendment by the addition of a new count, and to instructions given the jury.

It is well settled that a person may…