O'BRIEN

In an action upon a creditor’s claim filed by James H. McCarthy, since deceased, against defendant estate, a judgment for $7,789.75 was recovered as the reasonable value of services rendered and expenditures made by plaintiff for the benefit of the deceased during his lifetime. The complaint alleged that in December, 1948, Henry Gagliardo and plaintiff entered into an oral contract wherein it was agreed that if plaintiff would move into Gagliardo’s home, act as his companion and look after his general welfare during the remainder of his life, he would make a will to reasonably compensate plaintiff and leave him well provided for; that decedent died in 1957 and his will was admitted to probate in San Francisco; that within the statutory period, plaintiff presented the executrix with a creditor’s claim for services rendered and money advanced pursuant to said agreement and that the claim was rejected. Findings of fact were made in accordance with the basic allegations and fixed the amount aforesaid as the reasonable value of services in moving into decedent’s home and acting as his companion and of moneys advanced for decedent's benefit. Before entry of judgment, plaintiff died and…