Legal Opinion

Holmes v. Connell's Estate

Michigan Supreme Court

Decided December 22, 1919No. Docket No. 70PublishedCited by 4 opinions

Error to Muskegon; Vanderwerp, J. Julia M. Holmes presented a claim against the estate of Patrick J. Connell for services rendered. The claim was disallowed by the commissioners, and plaintiff appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBird, C. J.

Julia M. Holmes, the plaintiff, presented a claim against the defendant estate for “time, labor and services for four years last past in caring for, nursing and housekeeping for Patrick J. Connell in his lifetime, at $15 per week, $3,120.” The commis*664sioners disallowed the claim. On appeal, in the circuit court, she was awarded the full amount of her claim.

On behalf of the estate it is insisted that the trial court was in error in refusing to direct a verdict for the defendant. This contention is based upon the defense of payment. It appeared by the evidence that the testator made a will in…

2Cases cited3 opinions

  1. Sondheim v. FechenbachMichigan Supreme Court · 1904
  2. McNamara v. Michigan Trust Co.Michigan Supreme Court · 1909
  3. Rubert v. RubertMichigan Supreme Court · 1901

3Cited by4 opinions

  1. In Re Holta's EstateSupreme Court of Iowa · 1955
  2. In Re Warmbier's EstateMichigan Supreme Court · 1933
  3. In Re Estate of WoodfinSupreme Court of Iowa · 1942
  4. Lebling's EstatePennsylvania Orphans' Court, Erie County · 1941

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