State ex rel. State Bd. of Charities and Reform v. Bower
| Decision Date | 13 June 1961 |
| Docket Number | No. 2984,2984 |
| Citation | 362 P.2d 814 |
| Parties | STATE of Wyoming ex rel. STATE BOARD OF CHARITIES & REFORM, Appellant (Plaintiff below), v. Vernon E. BOWER, Administrator of the Estate of Daisy Wilkinson, Deceased, Appellee (Defendant below). |
| Court | Wyoming Supreme Court |
W. M. Haight, Deputy Atty. Gen., and Sterling A. Case, Asst. Atty. Gen., for appellant.
Elmer J. Scott, Worland, for appellee.
Before BLUME, C. J., and PARKER, HARNSBERGER, and McINTYRE, JJ.
The State of Wyoming appeals from a summary judgment of the district court rejecting an alleged creditor's claim of its Wyoming State Hospital against the defendant as administrator of the estate of Daisy Wilkinson, deceased.
In substance the State's complaint alleged Daisy Wilkinson was committed to the Wyoming State Hospital as an insane person during the month of July, 1918, and was received and kept in that State institution at public expense until June 3, 1957, on which date she died; that the reasonable, customary and established value of her care and maintenance amounted to $12,001.35, for which her estate was indebted to the State of Wyoming; that at the date of her commitment her married name was Daisy Johnston and she was possessed of property which at the date of her death was of the value of not less than $10,000; that Daisy Wilkinson was without dependents or descendants; that on July 19, 1957, an itemized claim in behalf of the State of Wyoming in the amount of $13,501.35 was filed with the clerk of the court in which the complaint was filed; that on October 26, 1959, a corrected claim was filed in the matter of the estate of Daisy Wilkinson, deceased, in the probate records of the same court; that by reason of the care and maintenance of Daisy Wilkinson in the Wyoming State Hospital and the filing of the claim and the corrected claim which was rejected and disallowed in writing on December 31, 1959, the deceased's administrator is indebted to the State in the sum of $12,001.35, less statutory exemption of $3,000, leaving a net amount due the State of $9,001.35.
The defendant administrator's answer admitted the formal parts of the complaint, but denied the balance of its allegations; then alleged that the complaint failed to state a claim upon which relief could be granted; that the creditor's claim filed October 26, 1959, was presented to the guardian of the estate of Daisy Wilkinson, rather than to the administrator of her estate as is required by § 2-227, W.S.1957; that the creditor's claim filed October 26, 1959, was not filed within the time required by § 2-219, W.S.1957; that the creditor's claim was not properly verified as required by § 2-222, W.S.1957; that the creditor's claim is barred by provisions of § 2-104, W.S.1957, because not properly filed or presented within two years from May 3, 1957, (which date should be June 3, 1957) the date of decedent's death; and that Daisy Wilkinson was committed to the Wyoming State Hospital as a State patient and not as a pay patient.
Defendant then filed motion for summary judgment, and asked the court to take judicial notice of all files in the office of the clerk of court of the county in which the action was pending pertaining to the commitment to the Wyoming State Hospital of Daisy Johnston, also known as Daisy Wilkinson, the guardianship proceedings respecting Daisy Johnston, or Daisy Wilkinson, an incompetent person, and all proceedings in the estate of Daisy Wilkinson.
The affidavit of the business manager of the Wyoming State Hospital, as to the reasonableness of that institution's charges, also appears in the file.
In addition, a Stipulation and Agreed Statement of Facts was filed. This instrument recited that the files of both the probate and the guardianship matters concerned with Daisy Johnston, otherwise known as Daisy Wilkinson, deceased, are part of the record in the case, and that the material facts are not in dispute and are substantially as follows:
1. This action is brought in the name of the State in behalf of its State Board of Charities and Reform.
2. The defendant is the duly appointed, qualified, and acting Administrator of the Estate of Daisy Wilkinson, Deceased.
3. The decedent on August 5, 1918, was, upon verdict of a jury, committed by the court as an insane person to Wyoming State Hospital under her then married name of Daisy Johnston, and was received and remained at that hospital as a 'state patient' and maintained at public expense until June 3, 1957, when she died without dependents or descendants; and the jury found that at the time of commitment she owned property of approximate value of $700.
4. On July 20, 1920, her husband, William G. Johnston, obtained an annulment of the marriage, the court awarding Daisy Wilkinson the home where the parties resided, as well as other real property, and directed the husband to pay $2,000 to the wife's guardian.
5. L. E. Laird was appointed and qualified as such guardian on July 22, 1920, and served until June 2, 1955, when Vernon E. Bower was appointed as such guardian.
6. On January 14, 1959, probate proceedings in the name of the Estate of Daisy Wilkinson were instituted by the present administrator who is the defendant in this action.
7. At the date of decedent's death, the value of her estate was determined to be $12,899.04 cash, and two rings of the value of $5, a total of $12,904.04.
8. The heirs-at-law of the decedent are enumerated and set forth in the Final Account and Petition for Distribution of the deceased's estate, which final report is conceded to be correct.
9. On July 19, 1957, an itemized claim for $13,501.35 was filed with the clerk of the court in which this action was brought.
10. On October 26, 1959, a modified claim was filed in the probate records of this court and the amount of charges appearing in the claim are fair and reasonable.
11. On December 31, 1959 (which date should be December 30, 1959), the defendant administrator disallowed the State's claim.
The court sustained the defendant's motion and entered its judgment dismissing the complaint with prejudice, and the State appealed.
The appellant has designated all of the record and proceedings, including the Stipulation and Agreed Statement of Facts, and the complete files of both the probate and guardianship matters concerned with Daisy Johnston, otherwise known as Daisy Wilkinson, deceased, as the record on appeal.
Although all but the formal matters of the complaint were denied by defendant's answer, the Stipulation and Agreed Statement of Facts thereafter filed admitted their substance, and the allegations in the defendant's answer were not challenged by plaintiff.
The purported creditor's claim of July 19, 1957, together with what is said to be its verification, appears in an exhibit entitled, 'In the Matter of the Estate and Guardianship of Daisy Wilkinson, an Insane Person. Probate No. 56', and is as follows:
'The State of Wyoming,
County of Uinta} ss.
In District Court
Third Judicial District
'In the Matter of the Estate of
Daisy Johnston
Deceased.}
Creditor's Claim.
'The undersigned, a creditor of Daisy Johnston deceased, present this claim against the Estate of said deceased, with the necessary vouchers for approval as follows, to-wit:
"Estate of Daisy Johnston, Deceased
To Wyoming State Hospital Dr.
County of Unita} ss.
'Wyoming State Hospital whose foregoing claim is herewith presented to the Guardian of the Estate of said deceased being duly sworn, says the amount thereof, to-wit: the sum of $13,501.35 is justly due to said claimant; that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of said affiant Wyoming State Hospital
'[signed] J. F. Whalen
'Wyoming State Hospital
'J. F. Whalen, M. D., Superintendent.
'Subscribed in my presence and sworn to before me this 12th day of July A. D. 1957
'[signed] Elizabeth N. Corless.
'Notary Public
'My commission expires September 25, 1959.
* * *
* * *
[Blanks omitted.]
'Filed July 19, 1957.
'[signed] E. M. Conant
'Clerk of the District Court.
'By [signed] Margaret Hampton
'Deputy Clerk.'
What is represented as a corrected creditor's claim, dated October 26, 1959, appears in an exhibit entitled, 'In the Matter of the Estate of Daisy Wilkinson, Deceased. Probate No. 1110', as follows:
'The State of Wyoming,
County of Washakie} ss.
In District Court
Fifth Judicial District
'In the Matter of the Estate of
Daisy Wilkinson
Deceased.}
Creditor's Claim
'The undersigned, a Creditor of Daisy Wilkinson deceased, present this claim against the Estate of said deceased, with the necessary vouchers for approval as follows, to-wit:
"Estate of Daisy Wilkinson, Deceased
To Wyoming State Hospital Dr.
"19 Items
* * * * * * * * * * *
County of Uinta} ss.
'Wyoming State Hospital whose foregoing claim is herewith presented to the Guardian of the Estate Daisy Wilkinson of said deceased being duly sworn, says the amount thereof, to-wit: the sum of Twelve thousand one dollars and thirty-five cents is justly due to said claimant; that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of said affiant Wyoming State Hospital
'[signed] William N. Karn, Jr., M. D.
'William N. Karn, Jr., M. D., Superintendent 'Subscribed in my presence and sworn to before me this 20th day of October A. D. 1959
'[signed] Thelma L. Lutj
'Notary
'My Commission Expires October 2, 1963
* * *
* * *
[Blanks omitted.]
'The within claim rejected this 30th day of December, 1959.
'[signed] Vernon E. Bower, Adm.
'Filed Oct. 26, 1959.
'[signed] Margaret V. Hampton.
'Clerk...
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