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DANIEL v. MOSS

No. 10218.

469 P.2d 50 (1970)

93 Idaho 612

Ernestine DANIEL, Administratrix of the Estate of Vernon Daniel, deceased, Plaintiff-Appellant, v. Robert B. MOSS, Executor of the last will and Testament of Anna Loretta Moss, deceased, and Robert B. Moss, individually, Defendant-Respondent.

Supreme Court of Idaho.

April 30, 1970.

Attorney(s) appearing for the Case

Smith, Miller & Weston, Caldwell, Donart & Donart, Weiser, for plaintiff-appellant.

Ryan & Speropulos, Weiser, for defendant-respondent.

McQUADE, Justice.

Mrs. Anna Loretta Moss died in September, 1961, and her son, the defendant-respondent Robert B. Moss was appointed executor of her estate. Soon thereafter he employed Vernon Daniel, the late husband of plaintiff-appellant Ernestine Daniel, to do the legal work in probating Mrs. Moss' estate. Mr. Daniel had practically completed that work when, in March, 1964, he died. There was substantial testimony that, because of the size of Mrs. Moss' estate...

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