JOHNS v. SPEED

No. 4633.

257 A.2d 497 (1969)

Bessie Mae JOHNS, Appellant, v. William M. SPEED, Ancillary Administrator of the Estate of Theresa Hayes Mabry, Appellee.

District of Columbia Court of Appeals.

Decided October 15, 1969.


Attorney(s) appearing for the Case

Samuel Intrater and Albert Brick, Washington, D. C., were on the brief, for appellant.

Frank D. Reeves, Washington, D. C., entered an appearance for appellee but filed no brief.

Before KELLY, FICKLING and NEBEKER, Associate Judges.


NEBEKER, Associate Judge:

This appeal arises out of a claim against the estate of Theresa Hayes Mabry for money due and owing under an alleged oral agreement to repay sums of money paid to or on behalf of the deceased during her life. After trial before the court without a jury, a trial finding was made that "the plaintiff [appellant] has not sustained the burden of proof by a preponderance of the evidence that there was such an agreement."

The testimony of...

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