Patrick v. Crank

• Decision Date: 15 November 1937
• Docket Number: No. 19082.,19082.
• Citation: 110 S.W.2d 381
• Parties: PATRICK v. CRANK.
• Court: Missouri Court of Appeals

110 S.W.2d 381

PATRICK v. CRANK.

No. 19082.

Kansas City Court of Appeals. Missouri.

November 15, 1937.

Appeal from Circuit Court, Howard County; Aubrey R. Hammett, Judge.

"Not to be published in State Reports."

Action by Minerva Patrick against G. M. Crank, administrator of the estate of Alice Mead, deceased. From a judgment of the circuit court in favor of the plaintiff, after an appeal by the defendant from a judgment of the probate court, the defendant appeals.

Affirmed.

Walker Pierce, of Kansas City, Jas. D. Clemens, of Bowling Green, for appellant.

A. W. Walker and Jasper Thompson, both of Fayette, for respondent.

BLAND, Judge.

This proceeding arose by plaintiff filing a claim in the Probate Court of Howard County against the estate of Alice Mead, deceased, for nursing, washing, ironing, cooking and caring for deceased during her lifetime. The claim was allowed by the probate court and defendant appealed to the circuit court, where, upon the trial of the cause, a verdict and judgment in the sum of $500.00 was rendered in favor of plaintiff. Defendant has appealed to this court.

The facts show that Alice Mead and the plaintiff were aunt and niece; that in the year 1927, plaintiff lived with her father and mother in her father's house in Fayette; that Alice Mead was a maiden lady about 70 years of age and lived in her own home across the street; that sometime in 1927, plaintiff's mother, who was a sister of Alice Mead, suffered her last illness and Miss Mead went back and forth helping to take care of her. After plaintiff's mother died Alice Mead moved into the home of plaintiff's father and lived with her brother-in-law and plaintiff until the time of her death, in September, 1935.

Plaintiff did not testify. Edgar Long, testifying in behalf of plaintiff, stated that when Miss Mead moved into the Patrick home she rented her house and moved a part of her furniture but reserved a room in her house and stored the remaining furniture in it; that deceased did sewing for others for her living; that when she moved "she had got down weak, what I call couldn't take care of herself"; that before deceased moved plaintiff would go to her house and stay with her. The witness was asked concerning the doing of the washing, ironing and cooking in the Patrick house, and he said that plaintiff "did all of what you call hard labor during that time"; that deceased helped with the housework "when she was able", she was in the kitchen "some"; that he had never seen her do any hard labor; that plaintiff had control of the whole house; that deceased was not excluded from any part of it; that when deceased went to live in the Patrick house in 1927, "she was in bed two or three hours at a time on two or three occasions a month"; that during the time that she was in the Patrick home deceased was not able "to do washing, ironing and things of that sort"; that these things were done by the plaintiff; that deceased had two houses which she looked after without aid from anyone except the witness, "I would come and get her and take her around myself, that is the reason I know so much about her business, when she was not able to walk, but she was able to attend to her own business."

The witness further testified that deceased took sick about February 1st, 1934 and for about 165 days she wasn't able to do anything, plaintiff doing all of the household work; that from June 15th, 1934 to July 1st, 1935, plaintiff "was up part of the time but was weak, I had to help her up stairs to the doctor's office;" that Minerva Patrick waited on her during that time; that deceased's last sickness lasted from July 1st, 1935 to September 11th, 1935, when she died; that the plaintiff nursed her and waited upon her during that time; that the Patrick house consisted of 5 rooms downstairs and two above; that Mr. Patrick, plaintiff and deceased were the only persons living there during the time that deceased was there; that Mr. Patrick called deceased by her first name and deceased called him by his; that they both called plaintiff "Nernie"; that during the time that deceased was in the Patrick home the witness visited there at least once a week.

Mrs. Long testified that at the time deceased moved into the Patrick home "she always seemed frail; but she attended to her own business. * * * She helped nearly all the time — Minerva (plaintiff) had most of the hard work to do. Alice Mead was unable to do all the work of the house, she was weak and run down. I don't know if it was dropsy, but her feet would swell; lots of times she would be laying down, and sometimes in bed. She had a severe spell from February, 1934, until July 1; was confined to her bed nearly all the time. Minerva Patrick did all the washing and ironing and looked after her room. She had to change the bed often because Alice Mead didn't have control of her kidneys. In July, 1935, Alice Mead became real sick; her bowels ran off and her kidneys were bad. The last three weeks they would have to change the bed 8 or 10 times a day, and Minerva had to wash three times a day. Mrs. Charlie Patrick helped the last two weeks, but the neighbors didn't do anything and no one was hired to help. * * * Alice Mead was ill first for five months in 1934. Then she was not so poorly until her last sickness, which was from July to September in 1935. Minerva had less to do between these two spells."

Mrs. Tom Harris testified that "Alice Mead was a delicate woman, and in 1933 or 1934 was confined to her bed. Minerva Patrick did the washing and ironing and looked after the general housework and did nursing"; that before she was sick deceased would help plaintiff; that deceased helped plaintiff get the meals; that deceased "didn't do very much"; that this was before deceased's last sickness. "Q. State what was the real condition of her health from the time she went to Mr. Patrick's until the time she had this spell of sickness? A. She was an awfully weak woman. Q. Was she able to do such work as washing and ironing? A. Well, I don't know — I never saw her do any — and I shouldn't imagine she could from her condition. I visited half an hour every two or three weeks. Before her sickness in 1934 Alice Mead would help Minerva Patrick in the kitchen. I never saw Alice Mead tending the garden."

Mrs. Tom Bradley testified that when deceased went to the Patrick house "she wasn't in very good health. She was in a weakened condition, but still she was able to get around and wait on herself and managed to help with the work." "Q. What was the condition of her health from the time she went to Mr. Patrick's up until 1934? A. Well, Miss Alice was in moderate condition — she wasn't able to do hard work but she helped when she was able to. Q. Did she do the washing and ironing? A. She did the washing and ironing when she was able to. Q. Who did the work when she wasn't able to? A. There was nobody but Minerva to do it. Q. Did they hire help? A. No, sir. Q. What was the condition of her health in 1934? A. In bad shape — she was confined to her bed the greater part of the time. The doctor wasn't there often. Alice Mead had kidney trouble and her limbs were swollen from her ankles to her hips. She couldn't fasten her shoes and for a year and a half before she got down she was in that condition. Minerva did the washing, ironing, cooking and housework generally during that time; Mrs. Harris and neighbors would go in once in a while and help, but there was no hired help"; that Mr. Patrick, deceased and plaintiff used the same sitting room and dining room and cooked and ate together; that plaintiff called deceased "Aunt Allie"; that deceased would go into the garden to gather vegetables and pull weeds in the garden if she felt like it; that plaintiff and her father were on Government relief in 1934.

Mrs. Mabel Woods testified: "I would say Alice Mead was unable to do her washing, ironing and cooking for the last few years."

Mrs. Charles Patrick testified as to deceased's sickness in 1934 and as to her last sickness. Mrs. Robert Shepherd testified that she saw deceased out doors at times while the latter was living at the Patrick house. "Well, she would be sitting on the front porch sometimes and some times sweeping the front porch. Q. Have you ever seen her in the garden back of the house gathering vegetables? A. Yes, sir, I have seen her in the garden gathering vegetables."

Mrs. Charlie Zelzner testified that when deceased went to the Patrick home the latter was very frail. She described deceased's last sicknesses and testified that the only sickness of the deceased that she knew of were the last two. "I know once she was sick at least three weeks and the other time about six weeks; that is all I know of she was in bed most of the time. Sometimes I would see Alice Mead out in the yard and down town occasionally. She went to church sometimes."

Mrs. John Harris testified: "During her last six years Alice Mead was mighty frail; she pottered around but didn't do any washing or ironing — Minerva did that. In 1934 Alice Mead had erysipelas and was down six weeks, or maybe longer. She was confined to her bed part of the time. Minerva Patrick did the washing, ironing and nursing and looked after Alice Mead. After that, Alice Mead was frail and just drug around."

Mrs. Archie Hitt testified that deceased was a weak woman in ill health; that plaintiff did most of the cooking and cleaned up the house; that deceased "helped a little around, but she didn't do hard labor people have to do in a house."

Mrs. George Kennepp testified that: "When Alice Mead moved to the Patrick house I think her health was very poorly. Alice Mead had erysipelas in 1934 and Minerva did the cooking and washing. When she got better she was very poorly. She had her last spell in July; Minerva waited on her and did the cooking, ironing and washing — there was no hired help"; that she had seen deceased out in the yard before her last illness, "she would...