Ryan v. Dockery (In re Ryan's Estate)
| Decision Date | 28 January 1908 |
| Citation | 114 N.W. 820,134 Wis. 431 |
| Parties | IN RE RYAN'S ESTATE. RYAN v. DOCKERY. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Brown County; Samuel D. Hastings, Judge.
Proceedings by Edward Ryan to establish a claim against the estate of Eliza Ryan, deceased, contested by Patrick Dockery, administrator. From a judgment granting insufficient relief, claimant appeals. Affirmed.
The appellant, Edward Ryan, filed a claim in the county court against the estate of his deceased wife, Eliza Ryan, for care, support, and nursing of said wife from the time of their marriage, August 4, 1900, up to the time of her death, February 28, 1905. The complaint as filed in county court was substantially upon quantum meruit, and the claim was allowed in that court at the sum of $1,000. The administrator appealed, and in the circuit court an amendment to the complaint was allowed, by which it was alleged that just prior to the marriage of the parties, and on the same day, the deceased agreed with the claimant that, in consideration of his services in caring for, supporting, and nursing her, she would leave him all her property upon her death, should he survive her; and that she failed to perform such promise, to the claimant's damage in the sum of $1,750. It appeared on the trial that Eliza Ryan was a widow with a small property and living alone at the time of the alleged promise, and was blind, and consequently in need of some one to care for her. The jury by special verdict found (1) that before the marriage a contract was made between the parties by which the claimant agreed to take care of, support, nurse, and see to the comfort of deceased during her life, and the deceased agreed to pay therefor by giving him what property she might leave at her death for his use during his life; (2) that said agreement was not made as part of their contract to marry or as a consideration for the marriage; (3) that the support, nursing, and care was not such as the parties contemplated should result from the marriage relation; and (4) that claimant fully performed the contract on his part. Upon motion the court held that the negative answer to the second question was wholly unsupported by the testimony, and that said question should be answered in the affirmative, but allowed the answer to the third question to stand. The court further held that as a part of the consideration was Ryan's promise to marry the deceased, which was void because not in writing, the...
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