Kelly v. Sheehan

Flood, J.,

Plaintiff, the nephew of defendant’s testator, alleges that decedent orally contracted to bequeath him $13,000, in exchange for his promise to “care for and minister to decedent’s wants and needs and act as a companion to him so long as decedent should live”. The uncle died four months after the alleged agreement was made. His administrator denies the existence of the contract and further *155contends that even if there were such a contract the measure of damages is restricted to the value of the services rendered to decedent. "We have before us defendant’s motion for judgment on the…