Donahue v. Donahue
Supreme Court of Minnesota
Appeal by defendants, Peter Donahue et al., Executors, from an order of the District Court of Freeborn County, Thomas 8. Buck-ham, J., made August 9, 1892, denying their motion for a new trial. The plaintiff, Michael Donahue, for nearly three years after he became of age, remained at home living with, and working for, his father on his father’s farm in the town of Nunda.
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Appeal by defendants, Peter Donahue et al., Executors, from an order of the District Court of Freeborn County, Thomas 8. Buck-ham, J., made August 9, 1892, denying their motion for a new trial. The plaintiff, Michael Donahue, for nearly three years after he became of age, remained at home living with, and working for, his father on his father’s farm in the town of Nunda. His father died testate December 26, 1890; the will was proved, the defendants received letters testamentary, and accepted the trust. The son presented his claim for services. It was rejected in the Probate Court, and he…
1Opinion of the CourtGilfillan, C. J.
The evidence was abundant to sustain a finding that, while the plaintiff continued to work for his father after he became of age, there was an agreement between them that the father should pay him for his work. Of course, from the fact alone that the son continued after he became of age, a member of the father’s family, working for him apparently as before he became of age, no agreement to pay him for his work would be implied, but the presumption would be that he worked for his support, as while a minor. But the evidence was sufficient to overcome that presumption, and justify a finding that…
2Cases cited1 opinion
- C. Gotzian & Co. v. SteinkampSupreme Court of Minnesota · 1893
3Cited by8 opinions
- Beneke v. Estate of BenekeSupreme Court of Minnesota · 1912
- Einolf v. ThomsonSupreme Court of Minnesota · 1905
- In Re Estate of JohnsonSupreme Court of Minnesota · 1927
- Hage v. Crookston Trust Co.Supreme Court of Minnesota · 1937
- Smith v. HansenSupreme Court of Minnesota · 1928
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