In re Estate of Marcotte

The opinion of the court was delivered by This was a proceeding commenced by Mary E. Clay to establish a demand against the estate of Dr. Oscar Francois Marcotte, deceased. From a judgment in claimant's favor, the administrator appeals. The demand against the estate was originally filed in the probate court July 25, 1949, for wages as a maid in the home of deceased. Judgment was rendered in claimant's favor in the probate court and appeal was taken by the administrator of the estate to the district court where by court order an amended demand against the estate was filed alleging in substance that claimant was a creditor of decedent's estate for services rendered deceased and his family; that on May 30, 1938, she went to work as a maid in deceased's home and worked continuously until October 1, 1948; that she had an oral contract with the deceased whereby she was to receive for her services cash sufficient for her clothing and a small amount for spending money and that when she was no longer able to work, the deceased would pay her in full for her services; that she fulfilled her part of the contract for which she received no compensation except by way of medical attention in the sum of $120 and cash in the amount of $295, and asks judgment for $5,265 after allowing