Hare v. Hare
Hare v. Hare
Opinion of the Court
On appellant’s settlement of his administration of the estate of his brother, M. W. Hare, deceased, the probate court rendered a decree against him for a sum certain in favor of his mother, the appellee. Afterwards appellant moved the court to enter satisfaction of the judgment producing to the court a paper writing purporting to be a receipt by appellee of her entire interest in the estate of her deceased son. This receipt, if executed at all, was executed a short while after the settlement, appellant’s theory being that it evidenced the complete execution of an agreement, entered into shortly after the death of M. W. Hare, by which he would take care of appellee during her life on consideration that she would give him her interest in the estate together with “any other property that she might have.” He offered testimony tending to show that after the receipt had been executed his mother left his roof without any fault on his part. Appellee, on the other hand, denied that she had executed the receipt, and the two witnesses whose names appeared upon the receipt as attesting its execution, denied any knowledge of it. She also adduced testimony, to some of which appellant reserved exceptions, going to show that she left the shelter of appellant’s home because she was not properly treated there. The court allowed appellant a credit on the judgment or decree against him, presumably for the value of the care he had given his mother during her stay, possibly also for some payments of money appellant testified he had made to her, though she denied that she had received a cent from the es-tat of her deceasd son; but the court refused to enter satisfaction in full. Hence this appeal
The ruling on the motion might be justified on other grounds; but, without dwelling too long upon the case, we state our conclusion, on the considerations mentioned, that there was no error against appellant.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.