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WARD v. MELBY

No. 10256.

142 N.W.2d 526 (1966)

Marie WARD, Plaintiff-Appellant, v. Frances MELBY, Administratrix with Will Annexed of the Estate of Cora Glaster, Deceased, Defendant-Respondent.

Supreme Court of South Dakota.

May 12, 1966.

Attorney(s) appearing for the Case

Donn Bennett, Buffalo, for plaintiff-appellant.

Hanley, Costello & Porter, Rapid City, for defendant-respondent.

RENTTO, Presiding Judge.

In this action plaintiff seeks specific performance of an oral contract to will property to her in return for services rendered by her to the decedent Cora Glaster, or in the alternative to recover for such services on a quantum meruit basis. Upon trial to the court judgment was entered dismissing on its merits plaintiff's complaint insofar as it demanded specific performance of the agreement to will property, but granting her $600 for services...

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