Estate of Schmidt

Appellant submits that the promise to pay for the food by a provision in Schmidt’s will was not proved by clear and convincing evidence and was not sufficiently specific to be enforceable; and that in fact Mr. Riebow furnished the food gratuitously and without expectation of reimbursement. The testimony of the Riebows is clear and direct concerning the agreement. It is not controverted by any other evidence and in its essential feature, that neither Schmidt nor the Riebows considered that the food was given gratuitously, it is corroborated by Mr. Seher. Under the circumstances in evidence…