Boram v. St. Joseph Loan & Trust Co.

Appellant filed a claim against the estate of her mother, Ella Kessler, for services rendered upon an alleged express agreement on the part of the mother to pay for such services. Trial by jury with a verdict and judgment against appellant. The questions presented for our consideration relate to the giving and refusal to give certain instructions, and in refusing to permit appellant to testify to matters which occurred prior to the death of the decedent.

Appellant complains of instructions Nos. 5, 6, 7, 10 and 11, given by the court on its own motion. Instruction No. 5 related to the right of…