Carr v. Calvert's Adm'r

• Decision Date: 17 May 1907
• Citation: 102 S.W. 282
• Parties: CARR ET AL. v. CALVERT'S ADM'R.
• Court: Kentucky Court of Appeals

102 S.W. 282

CARR ET AL. v. CALVERT'S ADM'R.

Court of Appeals of Kentucky.

May 17, 1907

Appeal from Circuit Court, Bath County.

"Not to be officially reported."

Claim of Amelia Carr and another against F. M. Calvert's administrator. From a judgment for plaintiffs, defendant appeals. Reversed and remanded.

W. D Cochran and Alex Conner, for appellant.

Thos R. Phister and Reuben Gudgell & Son, for appellees.

HOBSON J.

In the year 1896 F. M. Calvert, a resident of Bath county, was stricken with paralysis, and so disabled that he was incapacitated to attend to business. One entire side was paralyzed, and, while he could make signs, he could not speak intelligibly. He was confined to his bed and was entirely helpless. He had a store at the time and some other personal and real estate. He was a bachelor. Several of his family hearing of his affliction, met to determine what was to be done. An inquest was held, and Lee Rice was appointed as committee for him. Rice qualified and took charge of the estate. There was considerable discussion among his relatives as to what should be done with him. A brother-in-law, A. J. Calvert, offered to take him to his house for $35 a month. A brother, William Calvert, offered to take him for $25 a month; but the family were not satisfied for him to be taken to William Calvert's, as his wife was insane. A third person, also, offered to take him for $25 a month; but this offer, too, for some reason, was not acceptable. A. J. Calvert's wife was a sister of F. M. Calvert. They had no children, but had two grandchildren living with them; the youngest being 15 or 16 years old. And so, finally, their home was settled upon as the best place for him. Calvert took a wagon and moved him from the hotel where he was boarding to his house, and he remained at Calvert's from that time until his death, some five years later. Before he was taken to Calvert's, Rice, being apprehensive that some of the relatives might object to his paying $35 a month when he had offers of two persons to keep the unfortunate man at $25 a month, had one of the relatives to write around to the different members of the family and get them to agree to his paying $35 a month. This was done. Rice regularly paid Calvert $35 a month until October, 1900. After that, complaint being made that $35 a month was not enough, Rice paid $37.50 until his death, which occurred not long afterwards. W. C. Jackson was then appointed trustee in Rice's place, and he paid regularly $37.50 a month to A. J. Calvert until the death of F. M. Calvert in June, 1901. No complaint was made by A. J. Calvert, and there was no demand for any further pay during the life of F. M. Calvert. After F. M. Calvert's death, A. J. Calvert's wife, Mary H. Calvert, asserted a claim of $3,000 against his estate for nursing him and taking care of him while he was at her house, from the time he was brought there in 1896, until his death in 1901. The circuit court allowed the claim, and the administrator appeals.

While the written receipts which A. J. Calvert signed are for board of F. M. Calvert, it is manifest from all the circumstances that they were understood to be for taking care of F. M Calvert. F. M. Calvert was paralyzed and helpless when the arrangement was made. It was well understood that any one who took him to his house would have to nurse him and take care of him. A. J. Calvert offered to take him to his house, and his offer was accepted, largely because his wife, Mary Calvert, was his sister, and it was believed that she would treat him kindly and give him those attentions which his unfortunate condition required. It is perfectly evident from all the testimony that the $35 a month was paid for taking care of the man, and not merely for board. Board for a man in the neighborhood could have been gotten for $3 or $4 a...