Blakley v. Cochran

• Decision Date: 28 June 1898
• Citation: 75 N.W. 940,117 Mich. 394
• Court: Michigan Supreme Court
• Parties: BLAKLEY v. COCHRAN.

75 N.W. 940

117 Mich. 394

BLAKLEY v. COCHRAN.

Supreme Court of Michigan

June 28, 1898

Error to circuit court, Alpena county; Robert J. Kelley, Judge.

The claim of Abraham R. Blakley against the estate of Julia Farwell, deceased, was allowed, and George G. Cochran, a devisee, brings error. Affirmed.

Joseph H. Cobb (J. D. Turnbull, of counsel), for appellant.

I. S Canfield and Frank Emerick, for appellee.

MONTGOMERY J.

This is an appeal from Alpena circuit allowing a claim in favor of Abraham R. Blakley against the estate of Julia Farwell deceased. Mr. Blakley was the business manager of the estate of Julia Farwell from the time she came into possession of her estate by inheritance from her mother until her death which occurred February 29, 1896. This estate consisted of dwelling houses, a brick block, and unimproved property, or city lots, situated in Alpena, a portion of which had been sold on land contracts. Miss Farwell disposed of her property by will, dividing it into three equal parts. One-third she willed to George Grove Cochran, the contestant in this case one-third to her sister, Mrs. Osborn; and one-third principally to charitable institutions. Mr. Blakley filed two claims in the probate court against the estate of Miss Farwell,-one for his personal services in managing the estate for the last few years, the other on a promissory note, which reads as follows: "Alpena, August 14th, 1888. $1,200. One year after date I promise to pay, to the order of Mrs. A. E. Montague, twelve hundred dollars, at Alpena (value received), with interest at 8 per cent. per annum until paid. [Signed] Julia Farwell. By Abraham R. Blakley, Agent,"-and is indorsed: "A. R. Blakley. A. E. Montague." Both of these claims were allowed in the probate court, and from that order Mr. Cochran appealed to the circuit court. Mr. Blakley presented no evidence on the trial in the circuit court in support of his claim for services, but his claim upon the note was allowed by the jury at $1,966, and the case is brought to this court for review.

In 1887 the house occupied by Mr. Blakley and the one adjoining it were partially destroyed by fire. Mr. Blakley collected the insurance and commenced to repair the one he lived in. He also repaired the corner house, and on June 1st the corner house was completed and rented to Mr. Gilchrist. August 14, 1888, Mr. Blakley gave Mrs. Montague the note presented against Miss Farwell's estate. In the spring of 1889 he sold Mrs. Montague a farm, and took this note in payment. Miss Farwell resided in St. Paul, Minn., from October, 1885, until April 5, 1889, when she visited Alpena. She returned to St. Paul, May 16, 1889, and remained until September, 1892, from which time she made Alpena her home. She was absent from Alpena when the fire occurred and when the houses were repaired.

1. No claim is made that Mr. Blakley had any authority whatever under his power of attorney or otherwise, to make...