Worcester County Welfare Bd. v. Wyatt

• Decision Date: 15 April 1959
• Docket Number: No. 167,167
• Citation: Worcester County Welfare Bd. v. Wyatt, 150 A.2d 435, 219 Md. 507 (Md. 1959)
• Parties: WORCESTER COUNTY WELFARE BOARD v. James R. WYATT.
• Court: Maryland Supreme Court

Page 507

219 Md. 507

150 A.2d 435

WORCESTER COUNTY WELFARE BOARD v. James R. WYATT.

No. 167.

Court of Appeals of Maryland.

April 15, 1959.

Godfrey Child, Pocomoke City, for appellant.

John L. Sanford, Jr., Berlin, for appellee.

Before HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ., and J. DUDLEY DIGGES, J., specially assigned.

HENDERSON, Judge.

This appeal is from a decree sustaining objections to an audit distributing the proceeds of sale in a partition proceeding. The facts are stipulated. Minos W. Wyatt, Sr., received monthly grants of old age assistance from the Welfare Board of Worcester County during the period from January 28, 1936, to November 10, 1942, in the sum of $1,371. During the period from November 28, 1942, to May 10, 1948, similar monthly grants were made to his wife, Alice Wyatt, in the sum of $1,219.05. Wyatt owned a parcel of land containing about 30 acres, improved by a dwelling, where he resided with his wife during the periods mentioned and down to the time of his death. This was made known to the Welfare Board, and no question is raised as to the propriety of the awards under the circumstances, or as to the eligibility and needs of the recipients.

Wyatt died intestate on May 31, 1951, leaving no personal estate, and there was no administration. Nine children and two grandchildren survived him. The widow moved out of the dwelling after his death, and it has not since been occupied by his spouse or dependents. The property was sold in a partition proceeding instituted on February 9, 1953. The trustee reported a sale for $2,889.32, and after payment of taxes, costs and expenses of sale, and the allowance of $500 in part payment of the funeral bill, there remained a balance for distribution of $1,788.10. Claims were filed on October 30, 1953 by the Welfare Board for the amounts above mentioned, to which the heirs objected, asserting that the claims were barred by limitations. There was also a claim for the balance of the funeral bill in the amount of $332.40. The Auditor made distribution in three alternative accounts. The Chancellor allowed the claim for the balance of the funeral bill, allowed the claim to recover assistance paid the decedent in the amount of $221, disallowed entirely the claim for sums paid Mrs. Wyatt, and awarded the balance to the heirs. The Welfare Board appealed, and there was a cross-appeal by one of the heirs.

The pertinent statutory provisions (enacted in their present form by Ch. 700, Acts of 1947), are as follows: Code (1957), Art. 70A, sec. 14 provides: 'If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application, it shall be the duty of the recipient immediately to notify the county department of the receipt or possession of such property or income and the county department may, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances. Any assistance paid before the recipient has come into possession of such property or income and in excess of his need shall be recoverable by the county department as a debt due * * *.'

Sec. 15 provides: 'On the death of any recipient, the total amount of assistance paid under this article shall be allowed as a claim against the estate. The net amount realized from all such claims shall be divided among the State, the county, and the federal government in proportion to the amount of the assistance paid by each respectively; provided, that no such claim shall be enforced against any real estate of a recipient while it is occupied by the recipient's surviving spouse or dependents.' Sec. 2 provides: "Recipient' means a person who is receiving assistance under the terms of this article.' See also Code (1957), Art. 88A, sec. 7, referring to suits for recovery by welfare boards.

It was suggested in argument that, since Mr. Wyatt's assistance was discontinued in 1942, he did not, at the time of his death,...