Krapp v. Krapp
North Dakota Supreme Court
Appeal from District Court of Stutsman County, J. A. Coffey, J. “The law denies generally a claim filed against the executors. It was incumbent upon plaintiff to prove his claim.” Uartje v. Bostelman (N. Í).) 119 N. W. 91. In support of the general principle that an express contract is necessary to enable relatives who are members of the same family with decedent to recover from his or her estate, see Earhite’s Appeal, 126 Pa.
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Appeal from District Court of Stutsman County, J. A. Coffey, J. “The law denies generally a claim filed against the executors. It was incumbent upon plaintiff to prove his claim.” Uartje v. Bostelman (N. Í).) 119 N. W. 91. In support of the general principle that an express contract is necessary to enable relatives who are members of the same family with decedent to recover from his or her estate, see Earhite’s Appeal, 126 Pa. St. 404, etc.; Re Young (Pa.) 24 Atl. 124; Sawyer v. Hebard (Vt.) 3 Atl. 529. “Cases of this kind are odious, and are not favored by the court, because they afford…
1Opinion of the CourtBirdzell, J.
This is an action to recover for board and lodging alleged to have been furnished by the plaintiff to the deceased. A statement of the account, which is made a part of the complaint,- shows that board and lodging were furnished during divers periods of time between September 20, 1913, and May 10, 1918, for which the estate is sought to be charged at the rate of $30 per month and interest from the last-named date. Prior to September 30, 1913, the deceased had been living in Iowa. That fall the plaintiff, a daughter-in-law of the deceased, and her husband, or the latter alone, induced the…
2Cases cited1 opinion
- Bergerson v. MatternNorth Dakota Supreme Court · 1918
3Cited by9 opinions
- Matter of Estate of RakettiNorth Dakota Supreme Court · 1983
- Schultz v. North Dakota Department of Human ServicesNorth Dakota Supreme Court · 1985
- Kunze v. StangNorth Dakota Supreme Court · 1971
- Brady v. Estate of BradyNorth Dakota Supreme Court · 1923
- Gange v. GangeNorth Dakota Supreme Court · 1953
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