140 Conn. 21 | Conn. | 1953
This action was brought by the state through its commissioner of welfare against the executrix of the estate of Mary J. Grady for reimbursement of sums expended for the support of the decedent’s son.
The allegations of the complaint may be summarized as follows: John W. Grady, the son of Mary J. Grady, has been supported by the state since 1931 in state institutions for the care and treatment of the mentally ill. There is due and owing to the state for that support to December 29, 1951, the sum of $7473.63. Mary J. Grady died on that date leaving a will which has been admitted to probate, and the defendant has qualified as executrix. The estate consists of property of the value of $9464.20. Within the time limited by the Court of Probate for the presentation of claims, the state presented its claim to the executrix and she disallowed it. The trial court sustained a demurrer to the complaint on the ground that it contained no allegation that the defendant’s decedent was able in her lifetime to pay for the support of her son or that the amount claimed is reasonably commensurate with the financial ability of the defendant’s decedent. The plaintiff failing to plead over, judgment was rendered for the defendant, and from this judgment the plaintiff has appealed.
The plaintiff concedes that its right to recover in an action such as this rests exclusively on the provisions of § 2663 of the General Statutes. Its contention is that this statute does not require any proof of the ability of the defendant’s decedent during her lifetime to pay the state for the support of her son, because the action is not against her but against her estate directly. Whether this contention is sound depends on the interpretation of the statute.
The second portion of the statute deals with the liability, not of the supported person himself, but of certain of his relatives. This is the portion which is applicable to the case at bar. So far as it is relevant to the present discussion, it reads as follows: “If any such person shall have a husband, wife, father, mother, child, grandparent, grandchild, conservator or guardian, who is able to reimburse the state or such town or city, wholly or in part, for the sums expended by the state or such town or city for his support or benefit, the commissioner of welfare in the case of the state ... may, in the name of the state . . . bring a complaint therefor in any court having jurisdiction . . . against such husband or wife or any such relative, or his or her executor or administrator . . . . Said court may render judgment against the defendant, or each or any of the several defendants, in favor of the state or such town or city for the sum so expended, or such portion thereof as the court shall find to be reasonably commensurate with the financial ability of any such defendant and the num
The first thing to be noted is that the statute does not impose an absolute and unconditional liability on any of the relatives of a person who has been supported at public expense. In the very first sentence quoted, liability is imposed only on a relative “who is able to reimburse the state or such town or city, wholly or in part.” As so defined, the limitation on the obligation imposed by the statute is further manifested in the later provision that the court shall enter judgment for the amount expended “or such portion thereof as the court shall find to be reasonably commensurate with the financial ability of any such defendant and the number and conditions of others dependent upon him.” Obviously, the intendment of the statute is that a relative of a supported person shall be called upon to reimburse the state or town or city only-if the relative is able to do so, and then only to the extent that he can afford in connection with his obligations to others. If, therefore, this action had -been instituted against Mary J. Grady in her lifetime, the complaint would not have stated a good cause of action if it had not alleged that she was able to reimburse the state for the amount expended for the support of her son.
The sole remaining question is whether the fact that the action was instituted against the executrix
There is no error.
In this opinion the other judges concurred.