Vest v. Scearce's Admr

HELM, Justice. C. L. Scearce lived in the home of appellant, Anna Vest, to whom he was not related, from the latter part of 1943 until September, 1946. After his death on February 21, 1947, at the age of 81 she filed claim with his administrator for $3,285 for nursing services and extraordinary care furnished him during the time he lived at her home. The administrator filed a petition in equity, asking the advice of the court. This claim, along with others, was reported as allowable by the Master Commissioner of the Shelby Circuit Court. Exceptions were filed. Mrs. Vest filed answer and counterclaim, alleging that the decedent, C. L. Scearce, came to her home in an aged and infirm condition; that he agreed to pay her $1 a day for board, and recognizing that he would require nursing and special care, he further promised Mrs. Vest if she would board him and take care of him in his infirmity he would buy her a home; that she, at his special instance and request, did furnish him during the period 1943 to 1946 practical nursing care and other extraordinary care due to his enfeebled condition; that during his lifetime he failed to buy a home for her, as he had agreed; that the extraordinary care and services were reasonably worth the sum of $3 a day, amounting to $3,285.