Henderson v. McLain
| Decision Date | 11 December 1907 |
| Citation | 59 S.E. 873,146 N.C. 329 |
| Parties | HENDERSON v. McLAIN. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Iredell County; Moore, Judge.
Action by I. S. Henderson against J. C. McLain, administrator, etc. From a judgment for plaintiff, defendant appeals. Modified and affirmed.
Unless a witness bears such a relation to the controversy that the verdict and judgment in the case may be used against him as a party in another action, he is not disqualified to testify and the interest in the result to disqualify a witness must be legal, and not merely sentimental. Hence, in an action by a son-in-law of defendant's intestate on a claim against the estate, plaintiff's daughter, an heir at law and distributee, and a guardian of heirs and distributees, are competent witnesses for plaintiff.
Action for recovery for services rendered defendant's intestate. The cause was referred by consent to Dorman Thompson, Esq. as referee, who found as facts: That prior to 1886 the defendant's intestate, Mrs. E. J. Wilson, was living with her daughter, Mrs. J. F. McLain, in Mooresville, N.C. In that year Mr. McLain failed in business, and removed to the mountains of North Carolina, and Mrs. Wilson moved, with her trunk, bureau, and personal property to the home of her son-in-law, the plaintiff, and resided there continuously till her death in January, 1905. Her daughter, the plaintiff's wife, was then living, but in poor health and died soon after, leaving several small children. Mrs Wilson continued to live at the home of the plaintiff after the death of her daughter, engaged, until the last 18 months of her life, with such care of the children "as a grandmother would in a house where there was children." She sat in the room with the family, and ate at the table with them. She said "they are kind and good to me, and I want to help them all I can, and do as much for them as I can, and help manage the children." At the time Mrs Wilson went to live in the home of the plaintiff, she was over 60 years of age, and she died at the age of 82. For the last 18 months prior to the death of the said Mrs. E. J. Wilson she was practically helpless, being confined to her chair. It was necessary to provide her with a rolling chair, and by reason of this her only means of locomotion was to have her chair rolled around the house by some one. She had to be helped from her chair to the bed. Her feet and arms were much swollen, causing her much pain; and, by reason of her condition, it was necessary for the plaintiff, or some member of his family, during a great part of this time, to sit up at night with her. The plaintiff slept in an adjoining room to that occupied by the defendant's intestate, with door open, so that "all she would have to do was to call him, and she would have no trouble to get him up." During the time preceding the last 18 months of her life, the condition of the defendant's intestate was better than at any time during said 18 months. During a part of said time she was in very good health, considering her advanced age in life. For the last 18 months prior to the death of the defendant's intestate, the food, lodging, care, and attention rendered her by the plaintiff and the members of his family was reasonably worth the sum of $1 per day. For the time preceding the last 18 months of the life of the defendant's intestate, the board, lodging, and care furnished and provided for her by the plaintiff and the members of his family was reasonably worth the sum of $10 per month. The house in the town of Mooresville, N. C., in which the said I. S. Henderson resided with his family, and in which he was residing at the time of this hearing, was given to the wife of the said I. S. Henderson by Mrs. E. J. Wilson. The said Mrs. E. J. Wilson at the same time gave a house and lot in the town of Mooresville, N. C., to her daughter, Mrs. J. E. McLean, stating that she wanted "both daughters to have an equal share." As to whether these gifts were made before or after the time that the said Mrs. E. J. Wilson went to live in the home of I. S. Henderson is not shown in the evidence. At the time the said Mrs. E. J. Wilson went to live in the home of her son-in-law, I. S. Henderson, there was no express contract entered into between the plaintiff and the defendant's intestate under which the plaintiff was to be compensated for board, lodging, and services rendered to the said Mrs. E. J. Wilson by the said I. S. Henderson and his family, nor was there ever at any time any such contract made and entered into with the plaintiff. The defendant's intestate never paid the plaintiff anything during her life for board, lodging, care, and attention; but on one occasion some corn and hay which was worth $25 was turned over to plaintiff by Mrs. Wilson's tenant in 1903. The plaintiff's counsel upon the hearing admitted that that part of the claim of the plaintiff for board, lodging, care, and attention provided and furnished for the said Mrs. Wilson, arising prior to April 1, 1903, was barred by the statute of limitations as contended in the answer of the defendant, and announced that such claim...
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