County of Lake v. Forbes

TUTTLE, J.

This is an action brought by the County of Lake, pursuant to section 2224 of Welfare and Institutions Code, against two adult sons, to recover the amount of $526 paid by respondent county to the parent of said sons under the provisions of the aforesaid law. Judgment was rendered in favor of plaintiff for $526, and defendants have appealed.

On October 1, 1937, the Board of Supervisors of Lake County granted the application of George H. Forbes for aid under the provisions of division III of said code, and ordered that he be paid the sum of $35 per month until the further order of said board. Thereafter, and prior to January 16, 1939, the sum of $526 was paid to George H. Forbes by the County of Lake, pursuant to said order. At the time said order granting aid was made, George H. Forbes, Jr., and 0. Forbes were the sons of said aged person, George H. Forbes, and were each of adult age.

Findings were made in favor of respondent upon all issues, and judgment against appellants in the sum of $526 was entered. The appeal is from such judgment.

George H. Forbes, at the time of the trial, was seventy-eight years of age. His only real property consisted of a house and lot, which were reasonably worth, together $1,000. His personal property was under $50 in value. He had no other property. He was unable to support himself. His adult sons, mentioned above, contributed nothing to his support. Discussion of other facts appears later herein.

It is contended by appellants that the finding to the effect that

appellant George H. Forbes

was pecuniarily able to support his father is not sustained by the evidence. The record shows that said appellant, during the time his father was receiving aid, owned a Dodge sedan worth $875; that he had bought twenty shares of American Telephone and Telegraph Company stock at $175 a share, paying one-third down; that in November, 1938, he bought a new Buick automobile; that after he bought the Buick, he bought a Chevrolet sedan; that his net income for the year 1938 was $3,000, and for the year 1937, about $4,000. It also appeared that he was mar

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ried, but had no children. We hold the contention to be without merit.