64 So. 718 | La. | 1914
The administrator filed his Anal ¡account proposing to distribute the sum of .$2,245.12 among the creditors and hei'rs.
Thomas Christian filed an opposition, claiming to be a creditor for $50 for services •rendered to the deceased. Mrs. Francis Rushing and her husband filed oppositions, claiming to be creditors for $1,715 for nursing and other personal services rendered to the deceased from December 11, 1910, to November 19, 1911, and for $220.50 for feeding stock .after the death of the deceased.
The judge sustained the opposition of Christian, and on the first trial rejected the ■opposition of the Rushings, but subsequently allowed them the sum of $250. The administrator has appealed.
Motion to Dismiss the Appeal.
On the Merits.
Where services are rendered to near relatives, they are presumed to be gratuitous, and no recovery can be had, unless on express contract or its equivalent. Succession of Daste, 125 La. 657, 51 South. 677, 29 L. R. A. (N. S.) 297.
It is therefore ordered that the judgment below be reversed, and that the opposition of Mrs. Francis Rushing be dismissed, with costs.