Estate of Weir
Opinion
Lead Opinion
Melvin, J.
John Seiler filed a claim for $1305.68 against the estate of John Weir, deceased. The items were six hundred dollars, board and lodging for two years; four hundred and eighty dollars for nursing, sewing, and mending for a like period, and $225.68 for goods, money, material, and labor furnished. The claim was allowed by the administrator of John Weir’s estate and approved by the judge of the probate court. Peter Weir, a brother of the decedent, filed a contest which was tried according to the provisions of section 1636 of the Code of Civil Procedure. The questions of fact were presented to a jury and general and special verdicts were returned. The general verdict was in favor of the claimant, John Seiler, for $765.68. By the special verdict the jury answered “yes” to four questions by which the jurors were required to determine whether or not the claimant had furnished the sort of service, material, etc., demanded by him. To questions regarding the value of the things for which payment was demanded the jury replied that the board and lodging for two years was worth twelve dollars and fifty cents per month; nursing and mending ten dollars per month; goods, materials, money and…