Wood v. Lewis' Estate
| Decision Date | 02 June 1914 |
| Docket Number | No. 13550.,13550. |
| Citation | 183 Mo. App. 553,167 S.W. 666 |
| Parties | WOOD v. LEWIS' ESTATE. |
| Court | Missouri Court of Appeals |
Claimant and decedent were cousins, and claimant's father was decedent's guardian. She and claimant were members of the family of claimant's father for many years until the marriage of claimant. Some time thereafter, claimant's father having rented his house, claimant sent for decedent, and she thereafter lived in his home for 16 years, until her death. During that time she was treated as a member of the family and performed duties about the place, though she supplied her own clothing, paid for medicine and medical treatment when required, and visited others, without asking any one's permission. Held, that she and claimant were members of a family within the rule that services rendered to each other by members of a family are presumed to be gratuitous, and in the absence of anything to show that claimant furnished her board and lodging, and rendered services, and cared for her during sickness, with the expectation of receiving payment, or that she understood that he should be paid therefor, her estate was not liable, since a "family" is a collective body of persons living in one home, under one head or management.
3. WORK AND LABOR (§ 30*) — ACTIONS — QUESTIONS FOR JURY.
The existence of a family relation within the rule that services rendered to each other by the members of a family are presumed to be rendered gratuitously is a question for the court, if the facts are clear and undisputed; but, if the facts touching the existence of such relation are in doubt, it is a question for the jury.
4. WORK AND LABOR (§ 28*) — SERVICES BETWEEN PERSONS IN FAMILY RELATION.
While the law will not imply a contract to pay for services rendered to each other by members of a family from the rendition thereof and their acceptance, a promise may be inferred from facts and circumstances reasonably justifying the inference of an actual agreement to pay for the services.
5. WORK AND LABOR (§ 4*) — SERVICES RENDERED GRATUITOUSLY.
Where a party voluntarily does an act or renders services with no intention of charging therefor, or understanding that the other party should pay, he cannot recover compensation, even though the parties are strangers between whom no family relation exists.
Appeal from Circuit Court, Franklin County; R. A. Breuer, Judge.
Action on a claim by Frederick Mortimer Wood against the estate of Minnie R. Lewis. From a judgment for the claimant, Eugene B. Ming, administrator de bonis non, appeals. Reversed.
John W. Booth, of Washington, Mo., for appellant. James Booth, of Pacific, and Jesse H. Schaper, of Washington, Mo., for respondent.
This is an action founded upon the following demand presented to the probate court of Franklin county for allowance against the estate of one Minnie R. Lewis, deceased, by the respondent Wood, viz.:
For board and lodging furnished and for services rendered by him and Carrie Wood, his wife, for said Minnie R. Lewis, in providing and caring for and in nursing and attending to her and washing her clothes at her special instance and request for the period of ten years beginning August 28, 1901, and ending August 30, 1910, same being during her last illness, and for services rendered in caring for and attending to her remains preparatory to and for her funeral, all of the reasonable value as follows:
For year ending August 28, 1901......... $ 180 00
For year ending August 28, 1902......... 180 00
For year ending August 28, 1903......... 180 00
For year ending August 28, 1904......... 200 00
For year ending August 28, 1905......... 200 00
For year ending August 28, 1906......... 250 00
For year ending August 28, 1907......... 500 00
For year ending August 28, 1908......... 500 00
For year ending August 28, 1909......... 500 00
For year ending August 28, 1910, and for
August 29 and 30, 1910................ 1,600 00
_________
Total ............................ $4,290 00
Sept. 15, 1905. By note executed by said
claimant to and in favor of said Minnie
R. Lewis............................... 100 00
_________
To balance ........................$4,190 00
A jury trial in the probate court resulted in a verdict for the claimant for $1,700, which was thereupon duly allowed and classified as a demand against the estate. Upon the administrator's appeal to the circuit court, and a trial there de novo, before the court and a jury, there was a verdict and judgment for the claimant, and the case is here upon the administrator's appeal.
Minnie R. Lewis, deceased, was a cousin of respondent, being the daughter of a sister of respondent's mother, Mrs. David P. Wood. She was born in 1868 or 1869. Her mother died in 1871, and about two years later she was taken to the home of respondent's father, David P. Wood, who resided upon a farm in Franklin county, where she lived for some two or three years. Then her father, Dr. Lewis, having married again, took her to his home and kept her until his death, in February, 1879. A few months after his death she was again taken to the home of respondent's father, who was then appointed her guardian, and continued to reside in the latter's home until September, 1894. Respondent, who it seems was born in 1860, lived in this home — that of his father — until 1901, when, having married two years previously, he moved elsewhere with his wife and a child, and in 1894 was living upon a farm a few miles from his father's place. In September of the latter year Minnie Lewis came to live with him, and remained in his home until her death, in 1910.
It appears that she came to respondent's home because the latter's father with whom she had been living, had arranged to rent to others the greater portion of his house, and she could not well remain there. It seems that she asked respondent's father to request the latter to come after her, and that respondent thereupon sent a man with a wagon and had her brought, with her trunk, to his home.
Though the deceased had lived in respondent's home from September, 1894, to the time of her death, in August, 1910, it will be seen that the account filed as the basis of the demand covers only the period subsequent to August 28, 1900.
The respondent was called by the appellant administrator as a witness; his incompetency being waived. As to what took place at the time that Minnie Lewis came to his home, he testified that he sent for her upon being told that such was her request, and that nothing whatsoever was said as to the terms upon which she was to live with him. He said, "She just come here like all the folks and brought her trunk with her." He stated that no arrangement was ever made as to her paying for board and lodging, and that he never at any time made any demand on her therefor; that though he had been accustomed for about 20 years to "keep a book," relative to "anything that happens about the place," no account was kept against the deceased.
It appears that in 1891 respondent borrowed $100 from the deceased, giving his note therefor. This money was never repaid, though it appears that respondent offered to repay it to deceased a few years later when the latter was contemplating making a trip to Colorado, thinking that she would need the same, but she would not accept it; and it appears that she thereafter indicated that she did not want the note to be paid. This is the note for which respondent gives credit in the account filed as the basis of the demand.
Respondent's son Lloyd Wood, who was about 22 years of age at the time of the trial, when asked upon cross-examination what board his father charged Minnie Lewis, said, "None that I know of." Upon being questioned upon redirect examination as to what he knew of his own knowledge as to whether any charge was made deceased for board, he said:
He also stated that no account was ever kept against the deceased, and that she had never paid anything for board.
It appears that the deceased was not in robust health for many years, though there is evidence that she helped respondent's wife more or less with the latter's lighter household duties, and that she was quite industrious. There is testimony to the effect that she helped with the sweeping and cleaning of the rooms, would "wait on the table" at times, assisted in getting the children ready for school, and performed other duties of a like character, and that she gave respondent's daughter music lessons. A cousin of respondent and of deceased, a physician, testified that upon one occasion, in 1901, when the deceased had been taken sick while upon a visit in Washington, Mo., and as the physician stated, "her symptoms indicated that she might be sick for an indefinite time," the respondent said to him:
"I am awful sorry; Minnie is going to stay up here, and I don't know how we will get along without her."
It is said, however, that no special duties were required of the deceased in respondent's home; but, as stated by respondent...
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