Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-09
THE VERDICT STANDS.
Law Court Decision in GoodeIi Will
Case Of Waldo County.

The law court has sent down its de-
cision in the Goodell will case, Waldo
county matter in which a number of
Searsport people. are interested. The
verdict Of the lower court is sustained.
The rescript:
William H. GOodell VS.. Frank I. PEN
dle,on ct ais. Admrs.-Rescript by
Whitchouse, j.
This case comes to the court on a
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 1885, Capt. Daniel S. Goodell OF
Searsport, the plaintiffs father, was a
retired sea captain and shipbuilder pos
seSsed of property worth more than
$250,0OO. He died March 90, 1901, at the
age of Sc years. leaving four children.
Mrs. HadlOck. Mrs. Davis; Capt. Dam
iel 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 rendered under circumstances
consistent with contract relations be-
tween the parties and that the defend
ant either expressly agreed to pay for
the services or to give certain proper
ty therefor or that they were rendered
by the plaintiff in pursuance Of a mu-
tual understanding between the par
ties that he was to receive payment, or
in the expectation and belief that he
was to receive payment, and that the
circumstances of the case and the con-
duct Of the defendant justified such ex-
pcctatiOn and belief.
In view of the character and extent Of
the services rendered during these six
years, and the complaint made in regard
to compensation, it can hardly be said
that there was no evidence to support tho
conclusion Of the jury that the plaintiff
expected compensation not necessarily In
monthly wages but in property at or be-
fore his fathers death. On the other
hand, his fathers statement to n neigh
Dor that Will 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 of the prop
erty, except that used in helping the
other Children was equally divided
among those heirs, is capable Of produc
ing the impression that there was not
onlya desire on his part to cqualizc the
bounties given to help the children.
but a recognition also Of a just claim
on the part of the plaintiff for payment
for services. There is no evidence of
special agreement between them that the
plaintiff as to have the home i'll pay
ment 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 fulhlment
of contract. But if the jury were war
ranted in finding that it WIS made in any
degree as a recognition Of the plaintiffs
right to payment for services they were
also authorized to award further COM
pensation If they found the home made
quatc. In other words If they found
that the plaintiff rendered the services
with an expectation of payment which
was justified by the conduct and declara
ton of his father and that the amount
was not agreed upon the judgment and
decision of the father respecting the
amount would not be conclusive. 1t would
be open for the jury to fix a reasonable
compensation.
In this case as is often observed in the
relations of father and son under the cir
cumStances there seems to have been an
absence of definite expression OF thought
and purpose on both sides. The evidence
is not as explicit, unequivocal and sat-
isfactory as could be desired. but follow
ing like decision of the commissioners
1t was such verdict as might have been
anticipated and it Goes not seem to he
so fIagrantly wrong as to compel the
court to ovcrturn it.
In fixing the amount til" jury were
necessarily Influenced by tho considera
ton that the plaintiff is {; rcsid,ary lega
tee under the will and that onc-fourth Of
the verdict is payable from his share
of tho property.
Motion Uverrulcd.