50 W. Va. 20 | W. Va. | 1901
Ida M. Lee filed her bill in the circuit court of Ritchie County against D. B. Patton, sheriff, and as such administrator of the estate of E. C. C. Lee deceased setting up a claim against said estate for nine hundred dollars evidenced by certain promissory notes a gift and advancements made to plaintiff by said Lee in his life time in consideration of her services to said Lee, etc. : that afterwards it was ascertained that Lee had made a will which was duly probated whereby he devised his real estate and bequeathed his personal property to his children, V. Lee, E. H. Lee, L. E. Lee and his grandson Lionel Lee and naming L. E. Lee as his executor. Plaintiff filed her amended and supplemental bill making the said devisees and legatees parties thereto, referring to and making the original bill a part of said amended and supplemental bill, showing that on the 10th of January, 1882, said E. C. C. Lee and Catharine T. Lee his wife by indenture of apprenticeship entered into by them with the trustees of the Belmont County Children’s Home in the state of Ohio took from said institution the plaintiff who was then nearly ten years of age, who was to faithfully serve them and correctly demean herself during the period of her apprenticeship which should terminate on the 25th day of July, 1890; the said Lee and wife covenanting to and with said trustees and the plaintiff whose name was Ida M. Blister that they would teach the plaintiff the trade and occupation of house-keeping and provide her during said apprenticeship with proper food, lodging, medicine, washing, clothing, and all necessaries suitable for an apprentice, treat her kindly, and exercise over her parental care and control as a member of the family and send her to the district school where they resided “at least four months in each year of her apprenticeship” and at the expiration of the term of service to furnish her with a new Bible, at least two suits of common wearing apparel, one good and sufficient suit for attending public religious worship and fifty dollars in money, which indenture or contract was filed with the bill; alleging that when she was taken into the Leo home she was given the name of Lee which she accepted and had been known and called by it ever since; that at the time she wont there the family consisted of Lee, his wife, three sons and two daughters; that shortly afterwards the eldest daughter died and when plaintiff was about fourteen years of
It is contended that the note for one hundred and fifty dollars was without consideration. The allegations of the bill all the way through while the note is spoken of as a gift at times,
As to the assignment that the court erred in presuming the said note of one hundred and fifty dollars was dated as of January 12, 1895. E. C. 0. Lee on the 12th day of January, 1895, wrote plaintiff in which he says, “I enclose you my note for one hundred and fifty dollars due in one year,” the presumption is raised at once that it is one year from that date, his letter enclosing the note is dated January 12, 1895, and says the enclosed note is payable in one year, besides plaintiff testifies that the note is dated January 12, 1895, and she is competent to testify to that fact; her testimony could not be to the prejudice of the executor, heirs, or estate; the letter of the maker of the note says it is “due in one year.” If the note bore date before the date of the letter, fixing the date January 12th would he to the benefit of the maker to the extent of the difference in the dates. The note was later, in the possession of E. C. C. Lee and by him destroyed or left among his papers and passed into the hands of his executor who is a party to this suit and fails to account for the note either
Affirmed.