Sheldon v. Blackman

188 Wis. 4, 205 N.W. 486 (1925)

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Nature of the Case

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Facts

Wilkinson promised to leave all of his property to Sheldon (P) when he and his wife died if P would care for them. Mutual wills were executed to effect this arrangement, but the wills were lost. P left her business to care for Wilkinson. P cared for the Wilkinsons for 30 years. After the death of his wife, Wilkinson gave P a promissory note for $30,000 for past services rendered and a reasonable amount for future services to be rendered. Wilkinson wanted to make certain that P was adequately compensated for her services in the event that his will was disputed. Wilkinson's will was held invalid. P filed a claim on the promissory note. Blackman (D) appealed a judgment for P. D claimed that the note was unenforceable for lack of consideration and that the original oral contract with Wilkinson violated the Statute of Frauds; there was real property in the estate. D claimed that P could only recover for six years of service due to the Statute of Limitations.