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Keywords

testimonyburden of proof

trialburden of proofappellant

Related Cases

In re Estate of Krueger, 235 Neb. 518, 455 N.W.2d 809

Facts

Eugene Bredehoft, the claimant and nephew of the decedent Adella Krueger, performed various agricultural services for his aunt from February 1984 until her death in September 1986, including managing her cow-calf operation and handling wheat and hay crops. Despite providing these services, he received no payment during this period. After the decedent's death, Bredehoft filed a claim for $9,000 against her intestate estate, which was initially disallowed by the personal representative but later allowed by the county court.

Prior to her death, Adella Krueger (decedent) operated a 335–acre farm in Polk County. Roughly 168 acres were used for cropland, and the remainder was used to grow hay and as pastureland. In 1978 and 1979, Eugene Bredehoft (claimant), a nephew of the decedent's, performed custom work on his aunt's farm. The work involved preparing the ground, planting and cultivating corn, and preparing and planting the wheat ground.

Issue

Did the claimant sustain his burden of proving that the decedent agreed to compensate him for the services rendered, and was the judgment of $9,000 supported by the evidence?

The appellant contends that the claimant did not sustain his burden of proving that the decedent agreed to compensate the claimant for his services.

Rule

The burden of proof is upon the claimant seeking compensation for services rendered during the life of the deceased person to prove an agreement, express or implied, to pay for the services.

Analysis

The court found that the claimant provided services at the request of the decedent, who indicated she would pay him when financially able. The evidence showed that the claimant had previously been compensated for similar work, and the court determined that the services rendered were not gratuitous due to the family relationship. The court also noted that the claimant's testimony regarding the value of his services was sufficient to support the claim.

In this case, the decedent benefited from services provided by her nephew, which services she requested and for which she agreed to pay when she had funds available.

Conclusion

The Supreme Court affirmed the lower courts' decisions, concluding that the claimant proved his aunt agreed to compensate him for his services and that the judgment of $9,000 was supported by the evidence.

It cannot be said that the trial court was clearly wrong in allowing the claim of the decedent's nephew in the sum of $9,000.

Who won?

Eugene Bredehoft prevailed in the case because he successfully demonstrated that he had an agreement with his aunt for compensation for the services he rendered, and the court found the amount claimed was reasonable.

The county judge found that $9,000 was a reasonable amount for the services provided by the claimant to the decedent.

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