68 Vt. 639 | Vt. | 1896
Alanson Pierce died in the year 1851, leaving by will all his real and personal estate, of considerable value, to his wife, Hannah B. Pierce, excepting a legacy of $600 to each of his three children. The home farm consisted of a valuable meadow in Weathex-sfield, which produced from sixty to seventy tons of hay annually. The farm was well stocked, and there was other personal estate. In the year 1851 Hannah B. was appointed guardian of her son, Samuel B., who was then twelve years old, and in Max'ch, 1852, she filed in the probate court an inventory showing that she then had in her hands $520.11 belonging to her ward. The records do not show that she ever settled her account as guardian. She continued to live on her farm which she managed successfully, and prior to 1869 increased her estate besides supporting herself and family. She built a new house on the meadow fax-m a few rods distant from the one that had been occupied by the family. In i860 Samuel married and moved to Claremont, N. H., where he remainded till the fall of 1869, when he returned to his mother’s farm and moved into the old house. He had accumulated but little, if any property. His mother, then seventy years old, was living in the new house, her family consisting of her daughter Augusta, who was then forty years old, and four children of her deceased son Fernando. After Samuel’s return he worked for himself part of the time and also assisted in carrying on the home farm. His wife died in 1878, after which Augusta did the wox'k in his house with the assistance of his children, going there daily from the new house whex*e she lived with and cared for her mother. In 1881 the mother became partially insane, and Samuel gradually assumed the management of the farm, while his sister took charge of the household affairs. Samuel bought and sold stock for the farm and was the ostensible owner of
Samuel never kept any account of his receipts and disbursements in the management of his mother’s affairs either before or after his appointment as guardian. Augusta was unmarried and lived with her mother without any contract for or expectation of compensation. There never was any contract between her and Samuel in respect to her labor. She was no more a member of his family than he was of hers.
Samuel was appointed guardian of his mother May 4, 1887. He never settled his guardianship account. July 18, 1887, as guardian and under license from the probate court, he conveyed by deed the farm and Cavendish pasture to Augusta, who on the same day reconveyed the same by deed to him as guardian. Nothing was paid as a consideration for either conveyance. On the same day Samuel conveyed the meadow farm by deed to Gilbert A. Davis, who gave
Samuel had all the products of the farm after his return in the fall of 1869, to May, 1887, except to the amount of $75 a year used by his mother, and thereafter until the time of his death, Jan. 5, 1894, he had the entire use. The value of the rent from April 1, 1870, to April 1, 1887, was $200 a year, and thereafter until Jan. 5, 1894, $150 a year, he paying the taxes and making the ordinary repairs.
In the year 1893 Samuel appeared by request before the probate court to settle his guardianship account. He then stated that he had kept no account and thought the accounts ought to be jumped and called even.
Hannah died Jan. 23, 1892, and the appellant Pollard was appointed administrator of her estate Feb. 5, 1894. Her heirs were Samuel, Augusta, and the children of the deceased son. The appellee, Burton B. Pierce, was appointed administrator of Samuel’s estate Jan. 13, 1894, and Jan. 23, 1894, he was appointed administrator of the estate of Augusta, who died in December, 1893, intestate, leaving no property other than her share in the estate of her mother.
On August 8, 1895, Hannah’s administrator having been cited before the probate court upon the petition of Samuel’s administrator to settle Hannah’s account as guardian, it was adjudged and decreed that her estate was indebted to her ward’s estate in the sum of $1,875.69. Hannah’s administrator appealed.
At the hearing before the commissioner Samuel’s administrator presented an account, as he claimed it, oí Samuel’s
1887. Cr.
June. By avails of sale of real estate of Hannah
B. Pierce, - $4,000 00
By cash from bank stock, 272 00
Dr.
$4,272 00
For payment of various sums (giving items), for ' material purchased, not produced on the farm, and for labor in erecting buildings on farm, • $2,135 00
For [expense of support of ward from May 4, 1887, to her death, June 23, 1892, 266 and 5-7 weeks, at $10 per week, - 2,667 00
Then follow ten items for burial expenses, probate fees, advertising, taxes, and guardian’s expense in rendering account, about which there was no contest and which amounted to 192 72
For guardian’s services and expenses from May 4, 1887, to June 23, 1892, 5 years, 1 month, 19 days, - - - _ - - - - 325 00
For care of farm after death of Samuel B. Pierce, 9 months, under direction of probate court, to September, 1894, at $25 per month, in addition to products, - - - - 228 00
For care of farm after Sept. 12, 1894, under direction of probate court, - - - - ***- *-
What Samuel said to Mr. Davis when he gave him the $1,000 note — what he wanted the money for — was a declaration in the party’s own favor, the other party not being present, and was not admissible. The conversation between Samuel and Burton B. Pierce and between the latter and Watkins was properly excluded for the same reason.
The appellee claimed to be allowed for Samuel’s labor and expensé in building the barns. It was competent for the appellant to show by the witness Amsden that the neighbors contributed their assistance in building the barns and moving the house.
' It is evident that the commissioner made Samuel’s estate chargeable with rent in accordance with what appeared to have been the value of the farm products, especially of the hay-crop. Samuel had the products of the farm seven seasons, which, at $150 a year, made the item of $1,050.
The other exceptions taken by the appellee at the trial were not insisted upon in this court.
The appellee filed four exceptions to the acceptance of the report. As to the 1st and 2nd : We have discovered no error in the commissioner’s rulings admitting and excluding evidence, and his decision that there was nothing due from
At the second hearing the commissioner learned that the bank stock was sold by Samuel prior to May 4, 1887, and after his mother became insane, and he therefore charged Samuel’s estate with the avails. He states the account as allowed by him as follows :
The Estate of Hannah B. Pierce,
In account with
S. B. Pierce, late guardian,
1887. Cr.
Jan. 30. By cash from sale of bank stock, - $ 272 00
July 31- “ “ received from sale of Preston
land, ------ 325 00
1894.
Jan. 3. By rents of real estate since May 4,
1887, at $150, - - - _ 1,050 00
By balance interest due Jan. 23, 1892, 147 43
“ “ “ “ May 28,1895, 115 15
$1,909 58
The same,
Dr.
To support of ward from May 4, 1887, to her
death, June 23, 1892, 266 5-7 weeks, at $3, - $ 800 00
(Add ten items amounting to - - - • 192 73)
Balance due Hannah B. Pierce estate May 28,
1895, -------- $916 85
Upon the facts reported the note and receipts were properly disallowed.
It is found that the old barns were burned through Samuel’s fault. Whether for this reason he considered it his duty to replace them and furnish what materials and labor were required in addition to what the farm furnished and the neighbors contributed in labor and money, is not stated, but it is found that he did not intend to charge his mother for building the barns nor for moving the house. In the same connection it is found that he did not expect to pay his mother his $1,300 note nor his receipt for $1,360.
As before stated, whether Hannah had paid her ward the amount which she at one time held for him was a question of fact.
Judgment for the affellant to recover $930.76 and costs affirmed.