Lucas

Plaintiff’s creditor’s claim against the estate of George Algie Benton, deceased, was rejected by the defendant administratrix and a subsequent suit based thereon resulted in a judgment for $4,839.99 in plaintiff’s favor. George Algie Benton, at the time of his death, was a mental patient in a state hospital; the amount of the judgment here represents unpaid charges for his care for four years immediately preceding his death. The action, based on the provisions of Welfare and Institutions Code section 6658 was commenced within one year of the issuance of letters of administration.

At the trial the open ledger account of plaintiff was introduced showing all credits and debits to decedent during the four years next preceding his death. Testimony was adduced by the deceased’s guardian showing that for approximately 20 years workmen’s compensation benefits of $20 per month were paid to the plaintiff by an insurance company which admitted liability for medical payments for the industrial accident that occasioned the deceased’s mental condition and subsequent commitment to a state institution; that in addition to the above payments, the guardian received wage payments from the insurer…