The intestate was the uncle of the P's wife, and for several years before his death resided in P's family. On his death, P sued to recover compensation for the board and lodging furnished to the deceased. P put in evidence tending to show an understanding between himself and the deceased that the latter would devise a certain dwelling-house to P's children in return for what he should receive as a member of the family. The court gave the judgment to P, and D appealed.

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