189 Ky. 556 | Ky. Ct. App. | 1920
Opinion op the Court by
Affirming.
This was an action by the administrator of the estate of R. C. Howell, deceased, against the heirs and creditors for a settlement of the estate. The estate con- • sisted of a very small amount of personal property and a small farm of the value of from six to seven hundred dollars. The decedent’s only heirs were two sons, the
The appellants complain only of the portions of the judgment (1) that sustains the claim of E. L. Howell and directs its payment out of the assets of the estate, and (2) requires the appellants to pay the costs created by them in resisting the claim of E. L. Howell.
The claim of E. L. Howell is for board and lodging, waiting upon in sickness, caring for and washing clothing and bedding of the decedent for five consecutive years preceding his death, and is based upon an express contract, reduced to writing and subscribed by the parties'. By the terms of the contract the decedent promised to pay the claimant the sum of $12.00 per month for the services mentioned and payment was to be made directly after the death of decedent, out of such estate as he might leave at his death, except that in the event there was nothing left after the payment of the claim, that $50.00 of the estate should in any event be appropriated to pay
(b) The contest touching the claim of R. L. Howell was really a contest between the claimant upon the one side and the appellants upon the other, and no others had any interest in it. Section 889, Kentucky Statutes, provides that in actions for the settlement and distribution of the estates of deceased persons, the courts shall have a judicial discretion in regard to costs. But for the unsuccessful effort of the appellants to defeat the claim, the costs made by them would not have been incurred, nor would R. L. Howell have been forced to incur the costs made by him in sustaining the claim. Hence there is no reason why appellants should not be adjudged to pay such costs outside of what were necessarily made in an action for the settlement of the estate.
(c) Certain other objections to the validity of the judgment are made, but they do not relate to the merits of the action and are so well settled, contrary to the contentions of appellants, that it is unnecessary to advert to them.
The judgment is therefore affirmed.