93 N.J. Eq. 389 | New York Court of Chancery | 1921
John J. Donahue died February 4th, 1916, leaving him surviving bis widow, Catherine A. Donahue, and one child, Blanche then fourteen years of age. The widow had been adjudged a lunatic in 1913, and was thereupon committed to a county asylum, and subsequently transferred to the state asylum at Morris Plains, where she still is. For a month or two immediately preceding Donahue’s death, he and' his daughter lived with his sister, Mrs. John J. Ganey and her husband, paying them no board for the girl, and upon1 his death he left no real estate and practically no personal- property. After her father’s death Blanche continued to reside with Mr. and Mrs. Ganey. They were her sole support and they provided her with a. good home, clothed and cared for her and treated her as though she were their own, child, not by reason of any request from her parents, but because she was their niece and they were fond of her, although they expected that some time they might be recompensed
Catherine A. Donahue owned certain real property which was sold some time in the present year under an order of this court, and the net proceeds of sale, about $5,800, came to the hands of her guardian, who has invested the same, and' the income accruing is insufficient to pay the lunatic’s support, which is at.the rate of one dollar per day, at the state asylum.
Mr. and Mrs. Ganey cared for Blanche in the manner above stated from February 5th, 1916, to August 3d, 1917, from which latter date the girl has supported herself. After the sale of the lunatic’s' real property, Mr. and Mrs. Ganey filed a petition in this court praying that the guardian of the lunatic be directed to pay them, from the lunatic’s estate, the money laid out by them for clothing and other necessaries for Blanche and a reasonable sum for her care, support and maintenance for the period aforesaid. The matter was referred to a special master who reported that the expenditures in question amount to $116.60, and that a reasonable sum for board, care, support and maintenance is at the rate of $10 per week for seventy-eight weeks, and that a. total of $896.60 is due petitioners and is a proper charge against the lunatic’s estate and should be adjudged a debt owing by the lunatic and as advances made on her account and services rendered for her and her estate and for the support of her household. It appears that there are no other claims against the lunatic’s estate; that she is about forty-three years of age and upon her death Blanche will be entitled to. what remains of her estate. Blanche, now twenty years of age, testified before the special master that she understands that if the petitioner’s claim is allowed, there will be less estate coming to' her on her mother’s death, but that, nevertheless, she considers the claim fair and just and approves of its payment. Exceptions, which are argumentative rather than definite, were filed to the special master’s report by the guardian of the lunatic. The fact that the exceptions are not specific is immaterial, because the lunatic is a ward of this court and I shall therefore determine the broad question whether or not her estate should be charged with the payment of the petitioners’ claim.
The petitioners cannot maintain their claim under “b" because, thereunder, the moneys must have been advanced, the-necessaries purchased or the services rendered for the care, support- or maintenance of the lunatic herself, or for the preservation or benefit of her estate. Neither can they succeed under “c” because, thereunder, it must be made to appear that the lunatic had a household (which included her daughter) which should be supported by her estate. In my opinion, the proper procedure contemplated by the clause of the statute now under consideration, as well as the usual practice in this court touching expenditures from the income or principal of a lunatic’s estate, requires an application to the court before the estate can be charged with a claim for household expenses, in order that it may be determined whether the lunatic has a household for the support of which, in addition to her own support, her estate should be used, and if so, how much of the estate the guardian should be directed to expend for that purpose. But passing that thought, the question is-, did the lunatic have a household, for her estate can only be liable to the petitioners under the clause
It remains to be considered whether the petitioners have established their claim under “a.” Have they shown that the lunatic is justly indebted to them ? One who furnishes necessaries, such as food and lodging, to a lunatic may recover therefor. This is an exception to the general rule that, the lunatic cannot bind herself by contract and the lunatic is suable, at law for such debts. Van Horn v. Hann, 39 N. J. Law 207; Hurey v. Leavitt, 93 N. J. Law 299. But can a lunatic be bound by contract, express or implied, to pay for necessaries furnished to her minor child?
The exceptions to the allowance of the petitioners’ claim by the special master are sustained.