Eckstrom

Plaintiff sued as administrator of the estate of John Eckstrom, deceased, to recover upon a promissory note of $9,000. The cause was tried with a jury and defendant had a verdict. Plaintiff has appealed on typewritten transcripts.

When about sixty years of age John Eckstrom was divorced from his wife and moved to the home of the defendant, where he remained until his death, nine years later. During this entire time he was estranged from his family, and a short time before his death, stated that he did not desire any of them to have any of his property. He was afflicted with many physical ailments and was unable to carry on any steady labor. During all this time defendant, who was a practical nurse, cared for him, doing his cooking, washing and nursing without compensation. The note in suit was executed in 1926 and was secured by a third deed of trust on property owned by defendant. A few weeks before his death in July, 1928, the deceased handed to the defendant in the presence of her son the promissory note and deed of trust, telling her that he wanted her to have the note and did not want any of his family to be able to collect from her. At the same time the deceased executed…