25 Ind. 174 | Ind. | 1865
The appellee filed a claim against the estate of his deceased daughter. The administrator refused to admit it, and the cause was placed on the issue docket. Trial by the court, finding for the plaintiff, motion for a new trial overruled, and judgment. The evidence is in the record.
About the 1st of January, 1857, the decedent, with her infant daughter, on the death of her husband, went to live with her father, and continued to live with him until her death, which occurred about the 30th of December, 1862. With the exception of the summer and fall of 1860, the deceased was in delicate health, and for twenty-one months immediately preceding her death she was confined to her room, a part of the time entirely helpless. The claim is for the board and expenses of the deceased and her infant daughter for the time they were with the plaintiff'. It is claimed that the decedent resided in the family of her father, as a member thereof, and that there was no intention on his part at the time to make any charge against her for board and expenses. This was a question of fact for the court below. That court having found for the plaintiff, the evidence is not of such a character as to justify this court in interfering with that finding. The father was under no legal obligation to support his adult daughter and her off
The judgment is affirmed, with costs.