Fuller

Fuller v. Everett

Good Law
100 Cal. App. 593·1929 Cal. App. LEXIS 437·280 P. 550
Court of Appeal of CaliforniaSeptember 17, 1929Docket No. 5484.California1,232 words

Opinion

Lead Opinion

Craig, J.

The appellant, Helen Fuller, joined by her husband for the purposes of suit, instituted this proceeding against the executor of the last will and testament of her mother, Sarah C. Guess, deceased, upon a rejected claim for the reasonable value of board and lodging, nursing and personal attendance. The plaintiffs alleged that Mrs. Guess came to their home at her own request, and that the maintenance and services were rendered at her special instance, upon a promise to pay them therefor. The defendant denied any agreement to compensate the plaintiffs, alleging that Mrs. Fuller’s mother was freely and voluntarily accepted into their home, and that it was the filial duty of the daughter to so care for her because of her age and infirmities. Evidence was introduced by the respective parties, and the court rendered judgment in favor of the executor, from which the plaintiffs appealed. •

The principal ground of appeal is that the evidence was not sufficient to warrant the following findings of the trial court:

"Mrs. Fuller’s testimony alone strongly tends to support the findings of the trial court. She swore that on or about December 5, 1922, her mother was ill and confined to her bed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.