The Republican journal. [volume] (Belfast, Me.) 1829-current, 1906-03-15
THE VERDICT STANDS.
Law Court Reviews the Goodell Will Case

Law Court Reviews the Goodell Will Case.
The Law Court has sent down its decision
in the Goodell will case, a Waldo county
matter in which number of Searsport peo-
pie are interested. The verdict of the lower
court is sustained. The rescript, which is
by Judge Whitehouse. is as follows:
William II. Goodell VS.. Frank l. Pendle-
ton ct ais, AdmrS.
This case comes to the court on motion
to set aside a verdict of $1,6l9 80 recovered
by the plaintiff against the representatives
of his fathers estate for services rendered
his father during the last six years of his
life.
In 1889 Capt Daniel S. Goodell of Sears
port, the plaintiffs father, was retired sea
captain and shipbuilder possessed OF prop
erty worth more than $25o,oOO. He died
March %, 1904, at the age. of Sc years, leav-
ing four children, Mrs. Hadlock, Mrs. Da-
Wis, Capt. Daniel S. Goodell, Jr., and the
plaintiff, who was known as Capt William.
The plaintiffs mother died more than six
years before his fathers death.
1t was incumbent upon the plaintiff to
satisfy the jury that the services were rem
dered under circumstances consistent with
contract relations between the parties and
that the defendant either expressly agreed
to pay for the services or to give certain
property therefor or that they were render
ed by the plaintiff in pursuance of mutual
understanding between the parties that he
was to receive payment, or in the expecta-
, tion and belief that he was to receive pay.
ment, and that the circumstances of the
case and the conduct OF the defendant JUS
titled such expectation and belief.
In view of the character and extent of the
services rendered during these six years,
and the complaint made in regard to COM
pensation, it can hardly be said that there
was no evidence to support the conclusion
of the Jury that the plaintiff expected COM
n ly
but in property at or before his father s
death. On the other hand, his fathers state
ment to neighbor that VIII would have
the homestead, considered in connection
with the fact that the home was given to
the plaintiff by will, and that all the rest
ing the other Children" was equally divid-
ed among these heirs, is capable of produc-
ing the impression that there was not only
a desire on his part to eQualiZe the b0untieS
given to "help' the children, but a recog-
milton also of a just claim Oh the part of the
plaintiff for payment for services. There
is 10 evidence of special agreement be-
tween them that the plaintiff was to have
the home in payment or that he ever had
any knowledge of his fathers purpose to
give it to him. The jury was not compelled
to find that the devise of the house was in
fu!fment of a contract. But if the jury
were warranted II. finding that it was made
III any degree as a recognition of the plain
TIT right to payment for services they
were also authorized to award further COM
pensation if they found the home made
quate. In other words if they found that
the plaintiff rendered the services with an
expectation of payment which was justified
by the conduct and declaration OF his father
and that the amount was not agreed upon
the judgment and decision of the father re-
specting the amount would not be cOnclu-
sive 1t would be open for the jury to fix a
reasonable cOmOpn SatiOn
In this case, as is often observed in the re-
lations of father and son under like circum-
stances, there seems to have been an alb
sence OF definite expression of thought and
purpose on both sides. The evidence is not
as explicit, uneQuivocal and satisfactory as
could be desired, but following a like decis-
ion of the commissioners it was such YER
dict as might have been anticipated and it
does not seem to be so flagrantly wrong as
to compel the court to Overturn it.
In fixing the amount the jury were neces-
sarily influenced by the consideration that
the plaintiff is residuary legatee under the
will and that one-fourth CT the verdict is
payable from his share of the property
Motion Overruled.