In Re Estate of Hill

A rehearing was granted objectors, appellees, and the case is before us on the resubmission. We reach the same result as the original opinion found in 289 N. W. 754. Because of the issues presented by objectors on resubmission, it is necessary to withdraw the original opinion.

Florence Graves and Florence Graves as assignee of W. N. Graves will be referred to as appellant. Mrs. Hill died in December 1930. Appellant Florence Graves claims that in 1921 she and her husband, W. N. Graves, entered into separate express contracts with Mrs. Hill for performance of services for her benefit.

I.…