Pierson v. Sanborn

{dissenting). This is an appeal from the allowance of a claim against the estate of Robert J. Pierson, deceased, for services alleg'ed to have been rendered to Mr. Pierson by four of his nephews— Roderick, Robert Jr., Dewey, and Donald Pierson. The joint claim of these four nephews was disallowed in the probate court but upon appeal to the circuit court and on trial by jury the claim was allowed in the sum of $2,180.83. The administrator of the estate has appealed.

It is conceded that the claimants, herein designated as plaintiffs, have not proven an express contract; but they do assert the…