In Re Estate of Cooke

1. There is no basis for a holding here that respondent's services were rendered under an agreement that he would be compensated by a testamentary provision. No such claim was made below or here. Respondent's claim is based upon an implied contract to compensate him by payment of the reasonable value of his services. The defense was that the services were rendered gratuitously and that the legacy was intended to be in full satisfaction of all services rendered.

In appellants' brief the claims of the parties are stated as follows: "In his statement of claim filed in the district court, claimant…