Hill v. Estate of Westbrook

VALLÉE, J.

_ Appeal by Edward J. Westbrook, administrater of the estate of Charles Westbrook, deceased, from a judgment for plaintiff, and from an order denying his motion for a new trial. Since the latter order is nonappealable, the appeal therefrom is dismissed.

Plaintiff’s complaint is founded upon a claim against the estate of Charles Westbrook, deceased, duly presented to, and rejected by, the administrator. A copy of the claim is made a part of the complaint. It reads as follows:

“For services rendered decedent from about August 15, 1930, to date of death, by Minnie Westbrook, consisting of keeping house for him during all of said time, living with him as man and wifé during all of said time, and during said time bearing decedent two children, namely . . . performing the

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usual duties of a housewife during all of said time, and earning a salary from time to time during said period, all of which was turned over to said decedent..................$10,000.” The complaint alleged the death of decedent on July 31, 1946, the appointment of the administrater, the filing and rejection of the claim, the performance at decedent’s request of the services set forth in the claim, services performed in the management of a rooming house, and the reasonable value thereof.

The answer denied generally all the allegations of the complaint. It also set up the statute of limitations, that plaintiff had been paid for all services rendered, and that the complaint did not state facts sufficient to constitute a cause of action against defendants.

Plaintiff first went to work for decedent in July or August, 1930. At that time decedent owned and operated a rooming house, consisting of 15 rooms, and a hamburger stand next door. Plaintiff’s duties at that time consisted of cleaning the rooms, mopping floors, doing the laundry, making beds, handing out linen, cooking, and assisting decedent in the hamburger stand. The record does not disclose just when the meretricious relations between the parties commenced, but the relationship is conceded. As a result of the relationship two children were born. Thereafter plaintiff continued with the services she had been accustomed to performing. When the hamburger stand was subsequently converted into a liquor store she also assisted decedent in the store and waited on customers. There was testimony that the value of the services performed in the rooming house was $3.00 to $4.00 a day. In 1944, 1945 and 1946, plaintiff worked in a shirt factory in Monrovia, and there is testimony from which it may reasonably be inferred that she used her earnings for the benefit of decedent and made payments upon the home he had purchased in Monrovia. The evidence does not show the amount of her earnings in 1944. Her earnings in 1945 were $949.99, and in 1946 were $787.27.