Legal Opinion

O'BRIEN v. Fitzsimmons

California Court of Appeal

Decided July 28, 1960No. Civ. 18717PublishedCited by 1 opinion

1Opinion of the Court

GOOD, J. pro tem. *

In an action upon a creditor’s claim filed by James H. McCarthy, since deceased, against defendant estate, a judgment for $7,789.75 was recovered as the reasonable value of services rendered and expenditures made by plaintiff for the benefit of the deceased during his lifetime. The complaint alleged that in December, 1948, Henry Gagliardo and plaintiff entered into an oral contract wherein it was agreed that if plaintiff would move into Gagliardo’s home, act as his companion and look after his general welfare during the remainder of his life, he would make a will to…

2Cases cited8 opinions

  1. Long v. RumseyCalifornia Supreme Court · 1938
  2. Lundberg v. KatzCalifornia Court of Appeal · 1941
  3. Corato v. Estate of CoratoCalifornia Supreme Court · 1927
  4. Toney v. Security First National BankCalifornia Court of Appeal · 1951
  5. Seib v. MitchellCalifornia Court of Appeal · 1935

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3Cited by1 opinion

  1. Konjoyan v. Der ZakarianCalifornia Court of Appeal · 1961

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