Legal Opinion

Leitgabel v. Belt

Wisconsin Supreme Court

Decided October 30, 1900PublishedCited by 12 opinions

Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. The claimant filed a bill against the estate of John Dailey,, deceased, in county court, for services as housekeeper and servant, based upon a promise that, if she would perform such services, he would leave her his property. The county court found against the claim.

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Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. The claimant filed a bill against the estate of John Dailey,, deceased, in county court, for services as housekeeper and servant, based upon a promise that, if she would perform such services, he would leave her his property. The county court found against the claim. On appeal to the circuit, court, and upon some additional evidence, that court made findings for claimant, and gave her judgment for $792 and costs. Phinattco Belt, one of the heirs, brings this appeal.

1Opinion of the CourtBardbeN, J.

John Dailey died intestate and unmarried in September, 1898, leaving a sister, two nieces, and a nephew as his heirs. He left real estate worth about $1,500, incumbered for $900, and personal property valued at $300. Claimant was a daughter of his sister, and lived with relatives until 1876, when deceased took her to live with him. She remained with him continuously to his death, except during the year 1880 she was out at service. During the period she lived with him she did his housekeeping and worked about the farm, performing such manual labor as is ordinarily performed by male help,…

2Cases cited2 opinions

  1. Ellis v. CaryWisconsin Supreme Court · 1889
  2. Estate of KesslerWisconsin Supreme Court · 1894

3Cited by12 opinions

  1. Taylor v. ThiemanWisconsin Supreme Court · 1907
  2. In Matter of Estate of SteffesWisconsin Supreme Court · 1980
  3. Estate of Goltz v. MillerWisconsin Supreme Court · 1931
  4. Sheldon v. BlackmanWisconsin Supreme Court · 1925
  5. Painter v. Estate of GrossmanWisconsin Supreme Court · 1947

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