Laughnan v. Laughnan's Estate

• Decision Date: 04 April 1917
• Citation: 165 Wis. 348,162 N.W. 169
• Parties: LAUGHNAN v. LAUGHNAN'S ESTATE.
• Court: Wisconsin Supreme Court

165 Wis. 348

162 N.W. 169

LAUGHNAN

v.LAUGHNAN'S ESTATE.

Supreme Court of Wisconsin.

April 4, 1917.

Appeal from Circuit Court, Iowa County; George Clementson, Judge.

Action by James Laughnan against the estate of John Laughnan. Judgment for plaintiff, and defendant appeals. Affirmed.

Action to recover the reasonable value of services rendered John Laughnan, deceased, the father of plaintiff, from 1883 to 1893, which services, it is alleged, were rendered upon an express agreement made between the deceased and plaintiff that the latter should be compensated therefor at the father's death. John Laughnan died testate January 9, 1913, at the age of 94, leaving plaintiff only $500 out of an estate valued at about $4,500. The circuit court found that an express agreement to pay for the services was made by the deceased; that they were reasonably worth the sum of $2,000; that plaintiff had been paid from time to time the sum of $300, and this sum, together with the amount of the legacy of $500 to plaintiff, were deducted, leaving a balance of $1,200 due plaintiff for which sum judgment was entered in his favor. The executrix of the estate appealed.Thomas W. King, of Spring Green, and Fiedler & Fiedler, of Mineral Point, for appellant.

James E. O'Neill, of Dodgeville (Gilbert & Ela, of Madison, of counsel), for respondent.

VINJE, J. (after stating the facts as above).

For many years prior to his death John Laughnan lived on a farm of 508 acres in Iowa county. He had two sons, plaintiff, born in 1859, and William, born in 1863, and one daughter, Mary, the executrix of the estate and the residuary legatee. His wife, Margaret, died in 1914 at the age of 86 or 87. About the year 1888 he deeded 160 acres to his son William, who then married. Mary married and left the farm in about 1893, leaving plaintiff and his parents on the farm. In 1898 William bought the old homestead, consisting of 240 acres; his parents reserving a life lease of the home and buildings. The balance of the farm consisting of 108 acres of ridge land some 25 or 30 acres of which was cleared the father owned and kept till he died. The plaintiff remained with his parents till they died. It appears that some 30 years ago, while working on the farm, plaintiff through a kick from a horse sustained an injury to his head which affected his mind so that he is now, and for some 15 years past has been, somewhat mentally deficient.

The testimony supporting the finding that an express promise to pay for the services was made is that of the brother William, who testified in substance that after he and plaintiff became of age he told his father that he wanted wages or he would quit working, and that his father told him and his brother that they were not working for him, the father, but for themselves; that when he was through with the property they, meaning William, plaintiff, and his sister, would have the whole of it. He used to say that very frequently, and plaintiff was present when the first conversation was had and at several others. He repeatedly told them that if they stayed and worked the farm as long as he lived they would have the whole of it, meaning the property he owned. At that time the property consisted mainly of the farm.

The defendant contends: (1) That there is not sufficient evidence to sustain the court's finding that there was an agreement to compensate plaintiff for his services upon the death of the deceased; (2) that at best the evidence...