Marietta v. Marietta
Supreme Court of Iowa
Appeal from Warren District Court. — Hon. J. H. Henderson, Judge. This is a proceeding in probate. The matter involved is a claim against the estate of Uriah Marietta, ■deceased, presented by the plaintiff. The claim was resisted by the administrator, and a trial was had before the court without a jury, and the claim was ■allowed, to the extent of five hundred and twenty dollars. The defendant appeals.
1Opinion of the CourtEothrock, J.
I. The plaintiff is a son of the deceased, and the claim is for personal services rendered by the plaintiff to his father in his lifetime. There is no question made that services were actually rendered. The only real controversy is whether the relations of the parties toward each other were such that the court was authorized by the evidence to find that the *202services were performed with the expectation on the part-of the plaintiff, and the intention on the part of the deceased, that payment was to he made therefor. This was the ultimate question. It is claimed by counsel for the-appellant that…
2Cases cited2 opinions
- Peck v. MckeanSupreme Court of Iowa · 1876
- Wilson v. WilsonSupreme Court of Iowa · 1879
3Cited by29 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- In Re Estate of TaltySupreme Court of Iowa · 1942
- Kostelecky v. ScherhartSupreme Court of Iowa · 1896
- Estate of Bishop v. PearsonSupreme Court of Iowa · 1906
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