Nodaway County v. Williams
| Decision Date | 03 December 1917 |
| Docket Number | 18753 |
| Citation | 199 S.W. 224 |
| Parties | NODAWAY COUNTY v. WILLIAMS ET AL. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Nodaway County; Wm. C. Ellison, Judge.
Action by Nodaway County against Robert O. Williams, an insane person, and John F. Roelofson, as his guardian. Judgment for defendants, and plaintiff appeals. Affirmed.
On June 12, 1888, Robert O. Williams, an adult citizen of Nodaway county, Mo., was declared insane by the county court of said county, and ordered sent to State Hospital No. 2 at St. Joseph, Mo. He remained there for 24 years, as a county patient, during which time plaintiff expended for his keeping in said institution, $3,527.30. On April 1, 1912, appellant filed in the probate court of said county a demand against the estate of Robert O. Williams for said sum of $3,527.30 and $2,494.38, as interest thereon.
John F. Roelofson, who had been appointed guardian and curator of the estate of said Robert O. Williams, filed an answer in the probate court aforesaid alleging (1) that said money, if expended at all, was for the support of said Williams as an insane pauper and ward of said county, at the latter’s expense, and was not chargeable against said ward or his estate; (2) that no contract or agreement between said ward or any one for him, and said county, or any one for it, was ever entered into, whereby the estate of said Williams or the latter, was ever bound to reimburse said county or to pay for said support; (3) that no attempted oral agreement, if any was made, was binding on said Williams or his estate.
On April 29, 1912, the probate court allowed plaintiff’s demand and placed the same in class 5. The case was appealed by the guardian to the circuit court of said county.
The order and judgment of the county court declaring Robert O. Williams to be insane, and under which he was sent to said asylum, reads as follows:
It was admitted at the trial below, that some time during 187-- Elza Williams died in said county, the owner, and in possession, of 240 acres of land therein; that he left a widow and three sons as his only heirs. By voluntary partition Jas. L. Williams became the owner of one-third of said land; that Leroy S. and Robert O. Williams became the owners, as tenants in common, of the other two-thirds of same, subject to the widow’s dower interest therein.
Charles H. Talbott testified in behalf of plaintiff, that Robert O. Williams lived with his mother after the father’s death; that he threatened to kill his mother, and she sent for witness. At the suggestion of latter, Robert O. Williams was taken by witness and Mike Humphrey before the county court; that the latter refused to send him to the asylum at the expense of the county, because he was an heir to property. Witness said he then suggested that, as the other boy was not of sound mind, and as the mother was old and weak-minded, they might have all three on their hands if Robert O. Williams was sent at the expense of the estate. He also suggested to the county court that they might possibly fix the record so that at the death of the mother, when this boy came into possession of his property, the county would be reimbursed for the amount they expended on him. He said the above was agreed to between himself and the county court, speaking through the presiding judge. He testified that the land was sold after the death of the mother and the other brother for over $60 per acre.
On cross-examination, witness testified as follows:
"Q. Mrs. Williams asked you, as a neighbor, to come down there, and asked your advice what to do, because this boy was getting violent?
A. Yes, sir.
Q. And you advised her to have him sent to the asylum?
A. Well, that was my suggestion, but as I remember it now, when she sent for me she sent with that idea in view; that there would have to be something done with him.
Q. Now, there wasn’t any talk between you and her about sending him there and charging it up against his estate, that is, between you and the mother?
A. No, sir.
Q. She didn’t authorize you to come to the county court and make any contract with them to do that, did she?
A. No, sir.
Q. Well, you came down here to the county court with this boy, and the suggestion was made by you without consultation or direction from her?
A. Yes, sir; that is correct.
Q. And you didn’t contract with the county court that his estate should be bound for his keep?
A. No; I didn’t make any contract with them; couldn’t do it. Didn’t have the right to do it.
Q. There wasn’t any agreement on the part of anybody representing this boy to pay for it?
A. No, sir; only the suggestion that I made, and that was acted on then by the county court at that time; that was all."
He said the ward was about 26 years of age at the time of above proceedings, and was present in court; that he was born an idiot and had no rational understanding of what was done.
The case was tried before the court without a jury and no instructions were asked. The trial court found the issues for defendant, and entered its judgment accordingly. Plaintiff filed its motion for a new trial, which was overruled, and the cause duly appealed to this court.
Wright & Ford, of Maryville, for appellant.
Shinabargar, Blagg & Ellison, of Maryville, for respondents.
RAILEY, C. (after stating the facts as above).
I. The county court of Nodaway county, Mo., by its order and judgment heretofore set out, duly entered of record June 12, 1888, recites that Robert O. Williams, a resident of said county, was then insane; that his insanity was of more than one year’s duration; that he then had no estate sufficient to support him at the lunatic asylum. Said order and judgment concludes as follows:
"And it further appearing to the court that said Robert Williams has not estate sufficient to support him at the state lunatic asylum, it is therefore ordered by the court that the costs of this investigation be paid out of the treasury of the county and that the clerk of this court shall forthwith transmit a certified copy of this order to the superintendent of the State Lunatic Asylum No. 2, accompanying same with a request for the admission of the said Robert Williams to said asylum as a county patient."
Robert O. Williams was about 26 years of age when the above order was made. He was then, and had been from his youth, an idiot. He then had no guardian or curator, and no one was authorized to make any contract or agreement in his behalf with the county court. The latter, upon investigation, made said order, and Williams was received into the state lunatic asylum at...
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