Starkie v. Perry

McKee, J. In this case the plaintiff, by the allegations in his complaint, admits having received for the [496]defendant, between the year 1873 and the commencement of the action, the sum of $575 as her portion of the estate of her deceased mother; but he claims to have paid, laid out, and expended for the defendant, between the same times, for the necessary clothing, board, and lodging, a sum of money exceeding that which he received for her, for which, it is alleged, defendant has refused to settle with him; therefore he brought the action in hand to have his account settled and allowed, and to obtain judgment that he be discharged and released from his trust as to the moneys which he received for her.

Upon an answer specifically denying the allegations of the complaint, and setting up a counter-claim for work and labor done by the defendant for the plaintiff at his request, the case was tried, and the court, by its decision, finds that the necessary clothing, board, and lodging of the defendant for the time stated in the complaint were furnished by the plaintiff under the following circumstances, namely: —

In the year 1870 the mother of the defendant died in Marin County, seised and possessed of some real and personal property; and the plaintiff, who was the brother of deceased and the uncle of defendant, was appointed and qualified as administrator .of the estate; and while acting in that capacity he took his niece, the defendant, in the year 1873, to live in his home “ as a member of his family.” At that time the defendant was a minor about fifteen years old; and she continued to live with the plaintiff for about seven years, during which time, the court finds, “ she labored constantly, doing housework and helping in the farm work, milking cows, and working in the field,” and he “ boarded and cared for the defendant, and expended for her for clothing $275.50.” The value of her board and lodging was less than the value of her work and labor. How much the one exceeded the other the court does not find; but [497]it held that the plaintiff was not entitled to recover for the board and lodging of the defendant, but was entitled to recover the value of the clothes furnished her, and for that sum, with interest, judgment was given in favor of the plaintiff and against the defendant.