Opinion of the Court by
Affirming.
Albert Rudd brought an action against Harold *506 Rudd and the Fidelity & Cоlumbia Trust Company, trustee under the will of Eva Fineberg for Harold Rudd, to recover $2,380, with interest from June 1,1934, subject to certain credits aggregating $140.
Albert Rudd and Harold Rudd are brothers. Their mother, Eva Fineberg, diеd August 23, 1927, when Harold was 13 years of age. By her will she devised Harold’s portion of her estate to thе Fidelity & Columbia Trust Company to be held in trust for him until he arrived at the age of 25 years. On July 13, 1928, Albert Rudd was appointed guardian for his infant brother. After their mother’s death Harold lived with his older brother until June 1, 1934, when he obtained employment and left appellant’s home. He reached his majority June 22, 1935. In his petition, which was filed December 31, 1936, appellant alleged that he “entered into a contract with himself as guardian for Harold Rudd whereby he agreed that in consideration of his furnishing board, room and education to the ward at the price of $10 per week that this amount would be сharged to and paid for by the ward’s estate.” Thereafter, he filed an amended and substituted petition in which he alleged that on July 13, 1928, he was appointed guardian for his brother, Harold Rudd; that nеither his father nor mother was living at the time and he took his infant brother into his home and furnished him with board, rоom, and education from the death of their mother on August 23, 1927, until June 1, 1934; that the Fidelity & Columbia Trust Company, trustеe under his mother’s will, paid to him for his brother’s keep the sum of $10 per week from September, 1927, until November, 1929, and the sum of $140 thereafter; and he asked that he be allowed a reasonable compensation for the room, board, and education furnished his infant ward from November, 1929, until Junе, 1934. A demurrer to the petition and the amended and substituted petition was sustained, and, the plaintiff hаving declined to plead further, the petition and the amended and substituted petition were dismissed.
Appellant argues that the facts alleged in his petition show that he did not stand to his ward in loco parentis, but the fact that he was paid compensation foiover two years indicates he expected, and that it was understood, he was to be paid. He relies upon Morris v. Brady,
In the- present case, the guardian was not in financial difficulties, and there is nothing tending to show that аny charge other than the allowance actually made was contemplated. In his оriginal petition the appellant alleged that he made a contract with himself as guardian but such a contract, if made, could not be sustained, and claim for recovery on this grоund was abandoned. One who stands to a child in loco parentis is bound for its maintenance, care, and education, and entitled' to its services. While one whose father and mother are dead is entitled neither to the custody nor the earnings of his infant brother, yet when he takes him intо his home, and assumes the relationship of parent, the reciprocal rights, duties, and obligаtions of parent and child attach. The rule is stated thus in 46 C. J. 1336:
“As in the case of natural parents, а person standing in loco parentis is bound for the maintenance, care and education of the child, and liable for necessaries furnished to it, and he cannot, while such relation exists, be allowed to assert a claim for the support of the child to whom he stands in such rеlation, in the absence of an express or implied understanding that he is to be compеnsated therefor.”
In Dixon v. Hosick,
We think the demurrer to the petition and amended and substituted petition was properly sustained, and the judgment is affirmed.