(DOWNLOAD) "Kirkpatrick v. Milks" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kirkpatrick v. Milks
- Author : Supreme Court of Wisconsin
- Release Date : January 08, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Proceeding commenced January 17, 1949 by Leon Kirkpatrick, seeking payment from the estate of Nettie Milks of a $5,000 promissory note. A claim for this amount was duly filed in the administration proceedings pending in the county court of Green county. In July 1941, claimant began working on the farm of Nettie Milks. He continued there till August 15, 1948. The farm consisted of 107 to 110 acres, 40 acres of which were tillable. There were some cows and pigs besides the crops to be cared for. Claimant was the only person other than the deceased who lived on the farm. He did all the work with the exception of the chores with which, when able, she helped and 'the tractor work, which was hired out.' For approximately a year preceding her death deceased was an invalid confined to her bed, and there was no help in the house other than the claimant. A neighboring farmer testified that the average wage for work of this kind over those seven years would be about $100 a month. Records kept by the deceased show that she paid different amounts at intervals to claimant, aggregating about $3,000 over the seven years. On July 24, 1948, Nettie Milks was admitted to St. Clare Hospital suffering from arteriosclerosis. She died there August 15, 1948. During this time Leon Kirkpatrick visited her frequently, as did relatives and friends. Upon entering the hospital, she gave Leon Kirkpatrick's name as the person to be called 'if anything happened.' On the 13th day of August she executed a note by making her X mark. This was witnessed by a nurse of the hospital and by Dr. Swan, her attending physician. The nurse testified that the terms of the note were explained to deceased before she affixed her X mark, but that the fine print had not been read. The nurse also testified that deceased seemed to understand and appeared willing to sign, and that she was in possession of her mental faculties which were not affected by her illness. The nurse also testified that the doctor held deceased's wrists to enable her to sign. The administrator of the estate objected to the payment of the note, alleging that claimant had been paid during decedent's lifetime all wages due him, that the note was not properly executed or signed by decedent, that if given by decedent it was made without consideration; that decedent was mentally incompetent and incapable of conducting a transaction of this character, that claimant knew this, and that the note was obtained by unlawful and undue influence exerted over decedent by plaintiff or his agents. Admission of testimony by the physician as to circumstances surrounding the execution of the note was rejected by the court on the grounds that it was privileged.
 "Kirkpatrick v. Milks" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free){kind=link}