In re Ganey

• Decision Date: 06 January 1922
• Docket Number: No. 50/84.,50/84.
• Citation: 116 A. 19
• Parties: In re GANEY et al.
• Court: New Jersey Court of Chancery

116 A. 19

In re GANEY et al.

No. 50/84.

Court of Chancery of New Jersey.

Jan. 6, 1922.

Application by John J. Ganey and another for an allowance from the estate of Catherine A. Donahue, lunatic. From the report of a special master, the guardian of the lunatic brings exceptions. Exceptions sustained.

Charlton A. Reed, of Morristown, for exceptant.

Milton M. Unger, of Newark, for respondents.

FIELDER, V. C. John J. Donahue died February 4, 1916, leaving him surviving his widow, Catherine A. Donahue, and one child, Blanche, then 14 years of age. The widow had been adjudged a lunatic in 1913, and was thereupon committed to a county asylum, and subsequently transferred to the State Asylum at Morris Plains, where she still is. For a month or two immediately preceding Donahue's death, lie and his daughter lived with his sister, Mrs. John J. Ganey and her husband, paying them no board for the girl, and upon his death he left no real estate and practically no personal property. After her father's death Blanche continued to reside with Mr. and Mrs. Ganey. They were her sole support, and they provided her with a good home, clothed and cared for her, and treated her as though she were their own child, not by reason of any request from her parents, but because she was their niece and they were fond of her, although they expected that some time they might be recompensed from her mother's estate for their expenditures on behalf of the girl.

Catherine A. Donahue owned certain real property, which was sold some time in the present year under an order of this court, and the net proceeds of sale, about $5,800, came to the hands of her guardian, who has invested the same, and the income accruing is insufficient to pay for the lunatic's support, which is at the rate of $1 per day, at the State Asylum.

Mr. and Mrs. Ganey cared for Blanche in the manner above stated from February 5, 1916, to August 3, 1917, from which latter date the girl has supported herself. After the sale of the lunatic's real property, Mr. and Mrs. Ganey filed a petition in this court, praying that the guardian of the lunatic be directed to pay them, from the lunatic's estate, the money laid out by them for clothing and other necessaries for Blanche, and a reasonable sum for her care, support, and maintenance for the period aforesaid. The matter was referred to a special master, who reported that the expenditures in question amount to $116.60, and that a reasonable sum for board, care, support, and maintenance is at the rate of $10 per week for 78 weeks, and that a total of $896.60 is due petitioners, and is a proper charge against the lunatic's estate, and should be adjudged a debt owing by the lunatic and as advances made on her account and services rendered for her and her estate and for the support of her household. It appears that there are no other claims against the lunatic's estate; that she is about 43 years of age, and upon her death Blanche will be entitled to what remains of her estate. Blanche, now 20 years of age, testified before the special master that she understands that, if the petitioner's claim is allowed, there will be less estate coming to her on her mother's death, but that nevertheless she considers the claim fair and just, and approves of its payment. Exceptions, which are argumentative rather than definite, were filed to the special master's report by the guardian of the lunatic. The fact that the exceptions are not specific is immaterial, because the lunatic is a ward of this court, and I shall therefore determine the broad question whether or not her estate should be charged with the payment of the petitioners' claim.

The petitioners rely upon the provisions of Supp. Comp. Stat. p. 798, § 7, which provides (a) that if the lunatic is justly indebted to any person, or (b) if any person shall have advanced moneys, purchased necessaries or rendered services on account of the lunatic, for her care, support or maintenance, or for the preservation or benefit of her estate, beyond the ability of the lunatic to pay the same out of the income of her estate, or (c) in case the income of the lunatic shall be insufficient for her support and comfortable maintenance and that of her household, if any she shall have, the chancellor, after investigation of the situation and circumstances of the lunatic's estate and of (a) the just debts owing by her and (b) of the advances that may have been made on her account and of the services rendered for her, may order, from time to time, the guardian of the lunatic to sell such parts of her lands, or use so much of her estate already reduced to money as the chancellor shall judge sufficient to pay (a) her just debts, (b) the advances above mentioned, and (c) proper and necessary for her support and maintenance and for the support of her household, if any she have.

The petitioners...