Bell v. Oates

• Decision Date: 21 November 1910
• Court: Mississippi Supreme Court
• Parties: JOHN E. BELL v. OLIVER W. OATES

53 So. 491

97 Miss. 790

JOHN E. BELL v. OLIVER W. OATES

Supreme Court of Mississippi

November 21, 1910

October 1910

FROM the chancery court of Yazoo county, HON. G. GARLAND LYELL Chancellor.

Oates appellee, was complainant in the court below; Bell administrator, appellant, was defendant there. From a decree in complainant's favor defendant appealed to the supreme court. The facts of the case, as stated by ANDERSON, J., were as follows:--

The appellee, Oates, probated his claim against the estate of the decedent, Miss Moore, of which appellant, Bell, is administrator, for the sum of $ 300 for services "in attending upon, nursing, and caring for her during her last illness, for a period of three years, ending October 1 1908." The court below allowed the claim to the amount of $ 100, from which decree the administrator appeals to this court.

The testimony offered on behalf of the appellee tends to establish the following facts, which for the purposes of this decision are taken as true: That the decedent, Miss Moore, and her cousin, Miss Ellison, both of whom were somewhat advanced in years, lived together, Miss Ellison owning the home and the land on which they lived, and Miss Moore being possessed of some money; that five or six years before the death of Miss Moore, which took place in 1908, the appellee, Oates, an unmarried man, lived with them, under a contract by which these ladies gave him lodging and board, and from eight to twelve acres of land to work, in consideration of his looking after their affairs about the place, providing fuel for fires, calling the doctor when necessary, etc.; that for a period of from twelve to fifteen months before the death of Miss Moore she was feeble, and confined to her bed a good portion of the time, and about six weeks before her death fell and broke her limb, and from that time until her death was very ill, and died from the effects of the injury; that during the last twelve or fifteen months of her life the appellee, in addition to the services he had theretofore performed, waited on her in her sickness and did what was necessary for her comfort; that about six months before her death Miss Moore stated, while appellee was performing a necessary service for her on account of her sickness: "I am sorry Oliver [referring to appellee] has this to do, and he a young man, but we can't do any better. We can't get another living soul, and I will see that he is paid."

On behalf of the estate it was shown by the witness Shilling whose testimony is undisputed, that he had attended to the business affairs of Misses Moore and Ellison for many years before the death of the former; that, acting for them, he hired the appellee, in consideration of his lodging and board, and land to work, to be furnished him by them, "to stay there and take care of them, and in case of sickness they would have him to...