Griffith v. Robertson

Citations

• 73 Kan. 666
• 85 P. 748
• 1906 Kan. LEXIS 304

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parent and Child — Claim against Parent’s Estate for -Services — Contract—Proof. Before a daughter can recover from the estate of her deceased mother for services rendered while residing with, and as a part of, her mother’s family, it must be shown that an express contract existed between herself and mother that such services should be paid for. It is not essential that the evidence in support of such express contract shall consist of a formal offer and acceptance; it may be established like other disputed facts by any competent testimony.</p> <p>2. Evidence — Conversations Had between Deceased and Third Persons. A daughter or other party prosecuting a claim against the estate of a deceased person is competent to testify to conversations had between the deceased and a third person in the presence and hearing of the witness.</p> <p>3. Parent and Child — Contract for Personal Services — Recovery. When a daughter nurses and cares for her mother for several years, including the mother’s last sickness, under an express contract that payment for such services will be provided for in the will of her mother, who dies intestate, the daughter may recover the reasonable value of such services from the estate of the deceased mother.</p>