In re Estate of Brockway
| Decision Date | 22 September 1916 |
| Docket Number | 18921 |
| Citation | 159 N.W. 421,100 Neb. 281 |
| Parties | IN RE ESTATE OF BROCKWAY. CHARLES BOON, APPELLANT, v. ESTATE OF BROCKWAY, APPELLEE |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Cedar county: GUY T. GRAVES JUDGE. Reversed.
REVERSED.
Alfred Pizey, for appellant.
Frank P. Voter, contra.
A. L Brockway, a resident of Cedar county, died in November, 1912. About nine months afterwards this plaintiff filed a petition in the county court of that county, alleging that the relatives of the decedent had neglected for more than 30 days to apply for administration, and alleging that the plaintiff was a creditor of the said decedent, and asking that administration of the decedent's estate be had. Upon the hearing in the county court, that court made a finding against the plaintiff as follows: "The court, being fully advised in the premises, by the pleading filed and the proofs offered, finds for the objector, Scott A. Brockway, and his coheirs, upon the issues joined, and against the claimant, Charles Boon, to all of which the petitioner, Charles Boon, duly excepts." From this finding and the order thereon the plaintiff appealed to the district court. In that court a motion was made to dismiss the cause, "Because it appears from the petition herein that the pretended claim of the petitioner against said estate is based upon an oral contract for the sale or exchange of real estate situated in Nebraska; that said contract is void under the laws of Nebraska, and said alleged claim based thereon is invalid and unprovable." The motion was sustained, and the plaintiff has appealed to this court.
In his petition for administration the plaintiff alleged that the estate of the decedent was of the estimated value of $ 10,000; that the widow and next of kin have neglected for more than 30 days after the death of the decedent to apply for administration, and stated his claim against the estate as follows: "That on or about the 1st day of October 1912, the said A. L. Brockway, theretofore having been in the hardware business at Crofton, Nebraska, and having lost his stock by fire, entered into an oral contract with your petitioner in the city of Sioux City, in Woodbury county, state of Iowa, whereby said A. L. Brockway promised and agreed that, if your petitioner would procure for him a hardware stock and business, real estate owned by him at Laurel, Nebraska, to be put in as payment or part payment, at a valuation of $ 2,000, he would pay your petitioner the sum of $ 300 for the service in procuring such stock, business and exchange of properties; that your petition...
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