Woolf v. Jacobs

KAUFMAN, J. This is an appeal from a judgment in favor of a defendant executor in a suit for monies, brought after rejection of appellant’s claim filed in the estate of Joseph Harrison Thompson, deceased.

Plaintiff, a single woman, sought to recover against the estate of deceased, compensation for services rendered to him during his lifetime. The first count of the complaint alleged that decedent had become indebted to appellant in the sum of $31,200 for the reasonable and agreed value of professional services rendered as a registered and practical nurse and housekeeper. The second count alleged that on or about August 30, 1935, appellant entered into an oral agreement with decedent whereby it was agreed that appellant would render certain services in the capacities of nurse and housekeeper, and that decedent would either compensate appellant during her lifetime for such services, or if such services terminated during his lifetime, he would deduct from such compensation only the reasonable cost of claimant’s board and lodging, or in the absence of such compensation, he agreed to make and keep in effect a last will and testament providing for full compensation for the services rendered by claimant. It was further alleged that the reasonable value of the services rendered less board and lodging was the sum of $31,200; that decedent did not fulfill his part of the agreement; and that if appellant had not relied upon said agreement that decedent would leave her all of his estate up to and including the reasonable value of her services, she would not have continued to perform said services.

There was testimony that appellant, a nurse, had lived at the residence of decedent, a chiropractor, since some time in 1934, and that she had rendered housekeeping services and some nursing services, during periods when decedent was in poor health. There was testimony that on a few occasions during those years he had told witnesses that he would do right by her, that she would be taken care of; that she was more than a daughter to him.

On January 2, 1950, Joseph Harrison Thompson died leaving a will providing for appellant as follows:

“All legal bills shall be paid by the appointed attorney. He shall pay to Josephine Woolf a faithful and kind friend to me—the sum of Five Hundred ($500.00) dollars. She shall also be given all household belongings to dispose of as she desires. She shall continue at my apartment for one additional month, the Estate paying such rent-gas-electricity and [528]