#### John Jaegle, Appellee, v. Estate of Emil Jaegle, Appellant.

Gen. No. 6,382.

(Not to be reported in full.)

Abstract of the Decision.

1. Executors and administrators, § 270 * —when evidence insufficient to sustain claim. Evidence held insufficient to show any basis from which the jury could decide what wages ought to be allowed the claimant on account of work done for the intestate, in a claim in the Probate Court against an estate to recover for such work.

2. Landlord and tenant, § 325*—when evidence sufficient to show agreement for occupancy of premises free of rent. Evidence *155 held to show that the claimant and the intestate agreed that on expiration of the intestate’s lease of the claimant’s land the claimant should live with the intestate on said land and that the intestate should have the use thereof, in a claim in the Prohate Court to recover for rent.

*154Appeal from the Circuit Court of La Salle county; the Hon. Edgar Eldredge, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and remanded.

Opinion filed February 10, 1917.

Statement of the Case.

Claim filed in the Probate Court of La Salle county by John Jaegle, claimant, against the estate of Emil Jaegle, defendant, to recover $1,500 for labor and services performed for the deceased in his lifetime, and $1,539 for rent of thirty-eight acres of land from March 1, 1906 to March 1, 1915, at $4.50 per acre, as per lease. From a judgment by the Circuit Court, on appeal, for the claimant for $1,500, the administratrix for said estate appeals.

Robert E. Larkin and H. M. Kelly, for appellant.

W. A. Panneck, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Dibell

delivered the opinion of the court.