Hoyt

Appeal from a judgment awarding to the plaintiff the relief demanded in his complaint.

Defendants are the heirs and distributees of the estate of Hattie Mclntire, deceased. Hattie Mclntire died intestate in September, 1917, leaving an estate consisting of real and personal property which was appraised at the sum of $4,043.77. The value of the property distributed after settlement of the estate accounts is stated in the briefs to have been the sum of $3,469.12. This plaintiff presented and had allowed in his favor against the property of the estate two claims, one for rugs purchased, $20, and a second for money advanced, $85.30. Immediately upon the order settling the estate being made and distribution being had, plaintiff commenced this action. In his complaint he alleged that in March, 1903, a contract was entered into between plaintiff and Hattie Mclntire, widow of William F. Mclntire, whereby the said plaintiff promised the said Hattie Mclntire that he would attend to her business affairs, particularly her said real estate, and perform such personal services for said Hattie Mclntire as she should from time to time request during the remainder of her natural life; that in…