Loviza v. Lynch

• Decision Date: 05 November 1917
• Docket Number: 19613
• Citation: 76 So. 629,115 Miss. 694
• Court: Mississippi Supreme Court
• Parties: LOVIZA v. LYNCH, ADMINISTRATOR

76 So. 629

115 Miss. 694

LOVIZA v. LYNCH, ADMINISTRATOR

No. 19613

Supreme Court of Mississippi

November 5, 1917

Division A

APPEAL from the chancery court of Warren county, HON. E. N. THOMAS Chancellor.

Suit by Josephine Loviza against Charles A. Lynch, administrator. From a decree disallowing plaintiff's claims, she appeals.

The facts are fully stated in the opinion of the court.

Decree reversed and cause remanded.

OPINION

HOLDEN, J.

This is an appeal from a decree of the chancery court of Warren county wherein the court, after hearing the testimony introduced by the appellant in support of her probated claim of one thousand two hundred dollars against the estate of E C. Bundy, deceased, disallowed the claim on the ground that the evidence was not sufficient to support it, and from that decree on the facts this appeal is prosecuted here.

The testimony introduced before the chancellor in support of the claim of appellant showed the following state of facts: On the 12th day of December, 1914, an old man by the name of E C. Bundy died, leaving a small estate of the value of about one thousand two hundred dollars. He had been sick, suffering from a cancer, for more than three years immediately prior to his death, and from which malady he finally passed away. During the last three or more years of his life he lived in a small house owned by him near the boarding house of the appellant, Mrs. Josephine Loviza, in Vicksburg. And during these years of his sickness and malady, Mrs. Loviza furnished him his board by taking to him his meals three times per day and bestowing upon him other attentions and assistance in his unfortunate condition. The deceased was a ship carpenter, and could command good wages when he was physically able to work, but for three or more years before his death, on account of the disease mentioned, he was unable to perform any services, and his income consisted alone of nine dollars per month paid to him for the rent of a small building near by, rented and used by the appellant, Mrs. Josephine Loviza. It also appears from the testimony of the three or four witnesses who testified for the appellant, Mrs. Loviza, that the deceased received the board from appellant for three or more years, and that he often said that he intended to pay Mrs. Loviza for the board furnished him as soon as he was able to work and earn the money. The three or four witnesses introduced by appellant were kinsmen of hers and lived on the premises with her and close by the house occupied by the deceased, Mr. Bundy, and had good opportunity of knowing personally for three or more years whether or not the appellant furnished the meals and board to Mr. Bundy, and whether or not the deceased paid her for same or any part thereof, and they also had the opportunity of knowing whether Mr. Bundy had worked or earned any money whatever during the three or more years prior to his death. They all testified in a reasonable and...