Green v. Blohm
Green v. Blohm
Opinion of the Court
Claimant seeks to support the judgment appealed from on the authority of Taylor v. Thieman, 132 Wis. 38, 111 N. W. 229; Estate of Powell, 206 Wis. 513, 240 N. W. 122; Estate of Kessler, 87 Wis. 660, 59 N. W. 129; Smith v. Freng, 182 Wis. 349, 193 N. W. 996, 196 N. W. 887, 197 N. W. 170, and other cases. The claim as filed was for the value of services rendered by the claimant. There was no claim on the part of the son that he had rendered the services pursuant to an express contract by which .the father agreed to convey his property to him upon his death. The evidence is quite persuasive that the son rendered valuable services to his parents both in connection with the Porterfield farm and the Hall avenue property. There is considerable evidence to the effect that it was the intention of the parents that claimant should have their property. In 1931 Mrs. Blohm was asked by one of the neighbors if they had any papers to that effect and that she replied “Not yet;” that Mr. Blohm said “No, but if things go all right the next week we will have to straighten it out;” that they never gave Otto any pay for his labor all these years, and that Otto was to have the place after they were gone. Other witnesses testified to substantially the same thing but none so explicitly as did Mrs. Wagner, who gave the testimony just referred to.
There are not present here as there are in many cases circumstances which tend to sustain plaintiff’s claim. He
By the Court. — The judgment appealed from is reversed, and cause remanded with directions to dismiss the claim.
Reference
- Full Case Name
- Estate of Blohm: Na Green, Administratrix v. Blohm
- Cited By
- 1 case
- Status
- Published