In re Livernois' Estate

• Decision Date: 28 December 1889
• Citation: 78 Mich. 330,44 N.W. 279
• Parties: In re LIVERNOIS' ESTATE.
• Court: Michigan Supreme Court

44 N.W. 279

78 Mich. 330

In re LIVERNOIS' ESTATE.

Supreme Court of Michigan

December 28, 1889

Appeal from circuit court, Wayne county.

The claimant, Julia A. Livernois, filed her final account as guardian of her daughter, Annie Livernois, in the probate court, claiming a balance of $3,354.55, which was allowed. David King, the administrator of the estate of the deceased ward, appealed to the circuit court, and from a judgment there entered for claimant, for $1,660.24, he now appeals to this court.

Fraser & Gates, for appellant.

Willard M. Lillibridge, for appellee.

CHAMPLIN J.

This is an appeal from an order allowing a guardian's final account. The circuit court allowed the account at $1,660.24. I think the circuit judge was right in disallowing the items of credits in the account of the guardian for paying Bushey for care of minor when sick; also one-half expenses in moving house; and also for her board and wages while at Bushey's, and her wages while at Stark's. These items disallowed amounted to $202.30. I further think the whole charge for care, maintenence, and support of the minor from November 8, 1869, to November 22, 1886, amounting to $1,600, should also be disallowed. The testimony shows that the guardian has had all the income and profits of the minor's share of the use of the real estate; that the guardian has received moneys as the avails of wood sold and rent of farm, as well as all the labor of her daughter until she was married, in 1886. She neglected to give her a common-school education, but what services she has rendered her mother the guardian has had the benefit of. Ordinarily the parent is entitled to the services of the minor child but the parent is also liable for its support and maintenance. These services and support are considered as reciprocal, and I can see no justice in allowing the mother $100 a year for care and support, while she at the same time was in receipt of her services while at home, or her wages while she worked away from home. Her ward was sick with paralysis when she was nine years of age, but her mother did not expend her own means for physicians' bills, nor did she care for her. The attack was not permanent. She gradually grew better, and by the time she was 10 she was troubled no more from it. The guardian, however, applied to and received a license from the probate court authorizing her to mortgage a parcel of land belonging to her ward, representing to the court that Annie had been stricken with partial paralysis which confined her to bed, and under the care of a physician, that she had incurred a large debt for Annie, and she was still under the care of a physician. Under this license she, on February 24, 1887, executed a mortgage to Charles A. Warren for $300, at 10 per cent. interest. She did not use this money for the purposes for which she obtained it, and only a portion of it for Annie's benefit. She produces receipts showing that she paid the physicians for attending Annie $33.50. An account was kept by her son of the expenditures of this $300, which shows that all that was expended for Annie's benefit amounted to $25.70. The rest she expended in various ways. Some she loaned out, some she used to purchase groceries, and some for oats and hay She afterwards applied to the circuit court for the county of Wayne, and obtained permission to and did sell one of the lots belonging to her ward for $400, for...