Drvol

This action was brought by plaintiff against the defendant as administratrix of the estate of Josephine Forst, deceased, to recover on a claim filed against the estate but rejected by the administratrix. The claim was for the value of services rendered by plaintiff for the decedent, who was plaintiff’s aunt, in reliance upon her promise to devise her home to him. The decedent executed two writings (testamentary in character) in both of which she attempted to devise the property to him. One of these wills was executed in duplicate but was denied probate because “the original of said Will, left in the possession of the decedent at the time of its execution, was not found at the time of her death, giving rise to a presumption that it was destroyed with an intent to revoke the same.” The other writing was in the form of an holographic will, but was denied probate because it was not dated. No testamentary writing by the decedent was found other than these two attempts on her part to devise her home to plaintiff. Decedent died January 23, 1957.

Plaintiff filed his creditor’s claim on December 23, 1957. The administratrix rejected the claim in its entirety.

The trial court found, inter…