Sturgill's Administrator v. Howard
| Decision Date | 01 February 1927 |
| Parties | Sturgill's Administrator v. Howard, et al. |
| Court | United States State Supreme Court — District of Kentucky |
1. Executors and Administrators — Allowance for Support of Deceased Father-in-law Limited to Terms of Lost Written Contract Held Proper Under Evidence. — Allowance of claim against deceased father-in-law for care, on basis of written contract which had been lost, held proper under evidence, where, though deceased's infirmities increased with age, there was no evidence to show that he agreed to pay daughter or her husband more than contract price for support.
2. Executors and Administrators — Daughter's Claim Against Father's Estate for Care Held Properly Rejected, where All Services for Deceased were Covered by Contract with Her Husband. — Where deceased's father entered into contract with son-in-law to pay him $2.00 per day for all services in connection with his support, daughter's claim against estate for additional compensation held properly rejected, though deceased became increasingly helpless near time of death.
3. Appeal and Error — Where on All Evidence Mind is Left in Doubt, Decision of Chancellor on Facts will Not be Disturbed. — Where case involves only question of fact, judgment of chancellor will not be disturbed, where mind is left in doubt as to truth on all evidence.
Appeal from Johnson Circuit Court.
WHEELER & WHEELER for appellant.
W.J. WARD and PICKLESIMER & STEELE for appellees.
Affirming on the original and cross appeal.
Jeff Sturgill died a resident of Johnson county on April 1, 1924, leaving a will, which was duly probated. He left surviving him a son, S.M. Sturgill, who qualified as his administrator; two daughters, Lina Howard and Roxie Tackett, and several grandchildren, the children of two deceased daughters. After his death Lina Howard and her husband, Joe Howard, set up claims for taking care of him, amounting to $4,900.00. These claims were contested and on final hearing the circuit court entered a judgment in favor of Joe Howard for $510.00 and dismissed the cliam of Lina Howard. From this judgment the administrator appeals and the Howards prosecute a cross-appeal.
Jeff Sturgill was between eighty and ninety years old, perhaps eighty-six. His wife had been dead for many years. Some years before his death his hip was broken, and later when he had partially recovered from this he was injured by a mule. He broke up housekeeping and several years before his death he went to live...
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