Nature of the Case
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Facts
In 1973 Mother specifically bequeathed one parcel of real property to her son, Edwin, and two parcels of property to her daughter, Alberta. The residue of her estate was to be divided equally between the siblings. The will contained provisions regarding the apparent inequality of value as to take into account gifts given during life. The will also declared that if any beneficiary contests of attacks the will the will was to be revoked and that the property shall be disposed of in the same manner provided herein as if the contesting beneficiary had predeceased the mother without any issue. When his mother died, Edwin presented a creditor's claim for $41,786 in services to his mother during her lifetime and for travel expenses related to those services based on an oral agreement to devise certain property in exchange for certain property and one-half the rest of the estate. Alberta denied the claim and Edwin filed a Complaint for Services Rendered.
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