130 Ky. 218 | Ky. Ct. App. | 1908
Opinion of the Court by
Affirming.
Appellants, Henry Conway and Johnson Conway, seek in this action to recover for alleged services rendered their mother in nursing and taking care of her for a period of several months prior to her death. Their claims were first filed with the master commis
The evidence in the case shows that the appellants, Henry'and Johnson Conway, resided with their mothr er for a period of about 2% years prior to her death. During that time their mother was frequently confined to bed, and needed constant attention. This attention was given by appellants. Indeed, it seems that they did most of the work about the house, such as cooking, washing, etc. They also managed the place upon which they lived. Two or three witnesses testified that the mother of appellants said she wanted them paid out of the money she had left. She also sppke of having a written contract drawn up. One of the witnesses testified that she said she wanted all her children who waited on her to have something extra. There can be no doubt that appellants performed valuable and efficient services in nursing and taking care of their mother. Now and then a considerable portion of their time was taken up by the attention which she demanded; but there is absolutely nothing in the record to show that any contract was made between appellants and their mother that they should be paid for their services. Even the expressions which she is said to have used to others were not made in appellants’ presence. In a long line of decisions this court has held that, where the relationship of the parties was sufficient to raise the presump
Judgment affirmed.
