110 So. 2d 926 | Miss. | 1959
Mrs. Arbie N. Hutchinson, herein called decedent, died December 27, 1953. R. D. Hutchinson, decedent’s son, was appointed administrator of her estate some considerable time after death. R. D. Hutchinson’s wife, Alma, herein called claimant, filed a claim for $600 for nursing and caring for decedent for the last year of the latter’s life. The heirs of decedent, other than R. D. Hutchinson, contested the claim. After hearing the evidence, the chancellor allowed the claim for $600, and ordered sold 30 acres of land owned by decedent when she died so as to raise the funds to pay the claim. The question is whether the chancellor, was justified in finding that there was an implied contract between claimant and decedent that the former should be compensated for the services rendered. We state the evidence in the light most favorable to claimant since the chancellor resolved any conflicts in claimant’s favor. Actually, there is little conflict in the testimony.
One of the cases relied upon by appellant is In Re Burkett’s Estate, 185 Miss. 354, 186 So. 834. In that case, there was no express promise to pay claimant for the services rendered. The court said that claimant could recover only by proving (1) that she rendered the services with the expectation of receiving compensation therefor, and (2) (a) that the deceased knew of this expectation and accepted the services, or (b) accepted the services under circumstances which would indicate to a reasonable man that they were offered with the expectation of compensation. It was also held that between members of the same household living together
In the case under consideration, the chancellor was fully justified in finding that because of the statements of decedent made in the presence of appellee the latter expected to be reimbursed for her services, and that decedent reasonably knew that appellee expected payment for her services. This was sufficient to raise an implied contract that appellee would be compensated on a quantum meruit basis. Cf. In Re Estate of Whittington, 217 Miss. 457, 64 So. 2d 580. On the question whether decedent’s promise to leave her property to appellee in return for services rendered justified a finding that appellee expected to be compensated for her services, see McCully v. McCully, 175 Miss. 876, 168 So. 608.
Affirmed.