Arkansas State Hospital v. Estate of Culver

Supreme Court of Arkansas

Arkansas State Hospital v. Estate of Culver

426 S.W.2d 374, 244 Ark. 589, 1968 Ark. LEXIS 1388

CourtSupreme Court of Arkansas

DecidedApril 15, 1968

Docket5-4543

StatusPublished

This text of 426 S.W.2d 374 (Arkansas State Hospital v. Estate of Culver) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arkansas State Hospital v. Estate of Culver, 426 S.W.2d 374, 244 Ark. 589, 1968 Ark. LEXIS 1388 (Ark. 1968).

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Opinion

George Rose Smith, Justice.

Since 1947 Grace Brooks Culver, a mentally incompetent woman, has been almost continuously confined to the State Hospital. In 1966 Mrs. Culver inherited $12,388.03, which was paid to her guardian. The State Hospital then filed a claim in the probate court against Mrs. Culver’s estate for $16,268.74, which is shown to be the sum due the State Hospital for her maintenance and treatment during the years of her confinement, nothing having ever been paid upon the account. This appeal is from a probate court order allowing the claim for three years only, in the amount of $5,280.

Counsel for the guardian concede, with candor, that there is no applicable statute of limitations with respect to the State Hospital’s assertion of a claim of this kind. Cruce v. Ark. State Hospital, 241 Ark. 680, 409 S. W. 2d 342 (1966); Alcorn v. Ark. State Hospital, 236 Ark. 665, 367 S. W. 2d 737 (1963). In fact, counsel’s only argument against a reversal is the forlorn suggestion that the court’s order is not a final judgment, for the reason that the allowance of part of the State Hospital’s claim was not accompanied by an express disallowance of the rest of it. Such a contention does not deserve serious discussion.

Reversed and remanded for the entry of an order allowing the claim.

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George Rose Smith, Justice.

Since 1947 Grace Brooks Culver, a mentally incompetent woman, has been almost continuously confined to the State Hospital. In 1966 Mrs. Culver inherited $12,388.03, which was paid to her guardian. The State Hospital then filed a claim in the probate court against Mrs. Culver’s estate for $16,268.74, which is shown to be the sum due the State Hospital for her maintenance and treatment during the years of her confinement, nothing having ever been paid upon the account. This appeal is from a probate court order allowing the claim for three years only, in the amount of $5,280.

Counsel for the guardian concede, with candor, that there is no applicable statute of limitations with respect to the State Hospital’s assertion of a claim of this kind. Cruce v. Ark. State Hospital, 241 Ark. 680, 409 S. W. 2d 342 (1966); Alcorn v. Ark. State Hospital, 236 Ark. 665, 367 S. W. 2d 737 (1963). In fact, counsel’s only argument against a reversal is the forlorn suggestion that the court’s order is not a final judgment, for the reason that the allowance of part of the State Hospital’s claim was not accompanied by an express disallowance of the rest of it. Such a contention does not deserve serious discussion.

Reversed and remanded for the entry of an order allowing the claim.

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426 S.W.2d 374, 244 Ark. 589, 1968 Ark. LEXIS 1388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-state-hospital-v-estate-of-culver-ark-1968.

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