Otto Schoen v. Erna Schoen

LIVINGSTON, Chief Justice. A claim for $11,900 was originally filed in the probate court by the appellee, Erna Schoen, against the appellant, Otto Schoen, as executor of the estate of Emma Schoen, deceased, for necessities furnished to the deceased Emma Schoen for a period of six and one-half years prior to her death by the appellee, Erna Schoen, on an implied contract based on the mental and physical infirmities of the said Emma Schoen, during the period covered by the claim. The Judge of probate upon hearing found that 'the said Emma Schoen, deceased, was mentally and physically disabled to the extent that she could not exercise any control over her mental and physical functions for a period of six and one-half years immediately prior to her decease; that the said deceased was a bed patient for the stated period of time and required almost constant attention the same as if a two month old child,' and awarded the appellee the sum of $5,000.