Cowsert v. Nunnally

Hall, Judge.

The defendant administrator appeals from a judgment for the plaintiff, one of the heirs at law of the deceased, on her claim against the estate. Held:

1. The plaintiff’s claim, upon which the jury awarded her a verdict, rested upon an alleged agreement between the plaintiff and her deceased mother under which the plaintiff rendered personal services to her mother and the mother promised to compensate the plaintiff for the services. The deceased cannot now speak for herself, and neither can the plaintiff. Code § 38-1603 (1). But, as it usually happens in litigated cases, there was…