Bell v. Oates
Mississippi Supreme Court
From the chancery court of Yazoo county. Hon. G. Garland Ltell, Chancellor. Oates, appellee, was complainant in the court below; Bell, administrator, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court.
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From the chancery court of Yazoo county. Hon. G. Garland Ltell, Chancellor. Oates, appellee, was complainant in the court below; Bell, administrator, appellant, was defendant there. From a decree in complainant’s favor defendant appealed to the supreme court. The facts of the case, as stated by Anderson, J., were as follows :— The appellee, Oates, probated his claim against the estate of the decedent, Miss Moore, of which appellant, Bell, is administrator, for the sum of $300 for services “in attending upon, nursing, and caring for her during her last illness, for a period of three years,…
1Opinion of the Court
Anderson, T.,
after stating the facts as above, delivered the opinion of the court.
Claims of the character of the one here involved, brought up for the first time after the death of the decedent, are looked upon by the courts with disfavor; and in order to maintain such a claim the evidence must clearly establish a contract, express or implied, between the claimant and decedent, providing therefor. In re Weaver, 182 Pa. 349, 38 Atl. 12.
Where a contract is shown, as in this case, by the terms of which the services to be rendered, and the compensation therefor, are fixed, and the claim is for…
2Cases cited1 opinion
- Estate of WeaverSupreme Court of Pennsylvania · 1897
3Cited by24 opinions
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- Tarver v. LindseyMississippi Supreme Court · 1931
- Estate of Van Ryan v. McMurtrayMississippi Supreme Court · 1987
- Liddell v. JonesMississippi Supreme Court · 1986
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