Fuller v. Everett

CRAIG, J.

The appellant, Helen Fuller, joined by her husband for the purposes of suit, instituted this proceeding against the executor of the last will and testament of her mother, Sarah C. Guess, deceased, upon a rejected claim for the reasonable value of board and lodging, nursing and personal attendance. The plaintiffs alleged that Mrs. Guess came to their home at her own request, and that the maintenance and services were rendered at her special instance, upon a promise to pay them therefor. The defendant denied any agreement to compensate the plaintiffs, alleging that Mrs. Fuller’s mother was freely and voluntarily accepted into their home, and that it was the filial duty of the daughter to so care for her because of her age and infirmities. Evidence was introduced by the respective parties, and the court rendered judgment in favor of the executor, from which the plaintiffs appealed. •

[595]

The principal ground of appeal is that the evidence was not sufficient to warrant the following findings of the trial court:

“It is true that the said Sarah C. Guess was the mother of the plaintiff, Helen Fuller, and that the services rendered to her said mother by the said plaintiff in the furnishing of board and lodging and nursing and attendance and otherwise, were rendered voluntarily as a filial duty and without any expectation on the part of the said Sarah C. Guess to pay therefor and without any expectation on the part of the plaintiff, Helen Fuller, or her husband, Calvin Fuller, to charge therefor, or to receive any payment therefor.

"It is not true that the said Sarah C. Guess during her lifetime paid or compensated the plaintiffs or either of them for said or any of said things, but it is true that there was no contract, express or implied, for payment by the said Sarah C. Guess to plaintiffs, or either of them, . . . and that the said Sarah C. Guess was not at any time during her lifetime liable for said or any of said things, and that her estate is not liable therefor."

"Mrs. Fuller’s testimony alone strongly tends to support the findings of the trial court. She swore that on or about December 5, 1922, her mother was ill and confined to her bed at her own residence; that she said to the appellant, “I am going home with you,” to which the latter “must have said, ‘Yes, come and go with me,’” but that nothing was then said about payment for support or attention. It is not denied that Mrs. Guess repeatedly thereafter remarked that her daughter was kind to her, and that “she does take fine care of me,’’and “will never regret what she has done for me.” Appellant also testified, however: “She often said she intended to pay me and pay me well for taking care of her.” “She did not say when, nor how she would pay me,” and appellant did not ask her. “I thought she would do what was right by me.” “I might have said to her that I felt indebted to do these things, that it was my place to look after her.” She admitted that it was her duty toward her mother at that time, and that she did not regret having cared for her; that Mrs. Guess was'her mother, and that she felt it was her duty as a daughter; that it was no additional expense except for board and attention, because her mother paid her own doctor, and for her own clothes and medicines.