Estate of Johnson v. Lamburth

719 S.W.2d 55, 1986 Mo. App. LEXIS 4658
CourtMissouri Court of Appeals
DecidedSeptember 9, 1986
DocketNo. 50496
StatusPublished
Cited by6 cases

This text of 719 S.W.2d 55 (Estate of Johnson v. Lamburth) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Johnson v. Lamburth, 719 S.W.2d 55, 1986 Mo. App. LEXIS 4658 (Mo. Ct. App. 1986).

Opinion

SIMON, Judge.

Appellant, the Estate of Gerald V. Johnson, appeals from a judgment entered in the Circuit Court of Lincoln County. The case was tried by the court. Respondent, Leona Lamburth, was awarded $12,-530 against appellant on her claim for services rendered to the decedent, Gerald V. Johnson, prior to his death. Appellant’s counterclaim for the return of certain personal property in the possession of respondent along with a claim for services per[57]*57formed for respondent by decedent was denied.

On appeal, appellant argues: (1) the trial court erred in finding that respondent was entitled to compensation for services because the uncontroverted evidence established that said services were performed gratuitously; (2) the Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) standard of review should not apply in the instant case because of alleged errors by the trial court on evidentiary matters; and (3) the trial court erred in finding that respondent was entitled to items of personal property from the estate. Judgment is affirmed in part, and reversed and remanded in part.

Decedent died intestate. J.R. Johnson, decedent’s brother, was appointed personal administrator of the estate. The evidence at trial showed that respondent met decedent during the summer of 1980 while on holiday at Timberlake, near Elsberry, Missouri. It was not until January, 1981, however, that the relationship between respondent and decedent began. At that time, respondent lived in St. Louis, Missouri and decedent resided in Elsberry.

During early 1981 decedent underwent prostate surgery. Decedent requested respondent to look after his greenhouse and plants while he was in the hospital. Respondent did so. After decedent’s operation, he requested that respondent help him at Elsberry. Between the time of decedent’s surgery and the 6th of June, 1981, respondent travelled to Elsberry every weekend to do the decedent’s laundry and to cook for him.

On or about June 16, 1981, respondent retired from her job as a school bus driver and moved to her own house in Elsberry. Respondent then provided decedent services on a daily basis at his Elsberry home. Respondent testified that she prepared meals, did laundry, worked decedent’s garden, canned various produce grown in the garden, helped decedent with his part-time job as a meter reader, and provided general housekeeping services. She also testified that although she spent most of her time with decedent, she never spent the night at his home and that they were not lovers. Respondent testified further that she paid her own bills and did not rely on decedent for food, shelter, or clothing.

In 1983, the Mississippi River flooded decedent’s clubhouse at Timberlake, Lincoln County, Missouri. Respondent testified that she helped repair the house. She shoveled mud from the basement, replaced concrete blocks, and repainted.

The respondent and decedent went on two vacations together while decedent was alive; one to Texas and one to Florida. On each of these trips, respondent and decedent contributed an equal amount of money for expenses, and upon return to Elsberry, divided the remainder evenly.

Respondent alleges that she intended to be compensated for her services. Respondent testified that decedent indicated to her that she would be compensated for all the work she was doing. Dorothy Young, a member of the Elsberry community who had known decedent approximately 15 years, testified that decedent told her that respondent would be compensated for her efforts. Young also testified that respondent had said that she thought she was going to be paid for her work. Ida Brown, another member of the Elsberry community and a friend of both decedent and respondent, testified that decedent had told her “don’t worry about [respondent], she’ll be taken care of. I’ll take care of [respondent] for the rest of her life.”

Appellant’s evidence attempted to show that there was a “family” or “peculiarly” intimate relationship between decedent and respondent and that, therefore, said services were performed gratuitously by respondent with no intention of being compensated. Appellant’s evidence tended to show that decedent and respondent slept together, that they were lovers, and that they were contemplating marriage.

After the decedent’s death, Delmore Johnson, decedent’s brother, and other heirs of decedent gave a microwave oven, a turntable, cookware, and a cookbook to re[58]*58spondent. The trial court found that these items were “her own personal property.”

In its first point, appellant maintains that the trial court erred in awarding respondent a money judgment for services rendered because the uncontroverted evidence established that they were performed gratuitously without an intention to be compensated therefor.

At the outset, we emphasize that our standard of review is governed by Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976). See Buchweiser v. Estate of Laberer, 695 S.W.2d 125,127 (Mo. banc 1985). The judgment of a trial court will be sustained provided there is substantial evidence to support it, it is not against the weight of the evidence, and it does not erroneously apply or declare the law. Murphy, 536 S.W.2d at 32.

We find appellant’s first point devoid of merit. Substantial evidence was presented to support a finding that respondent’s services were valuable and were performed with expectation of payment and that decedent intended to pay therefor. Dorothy Young and Ida Brown, two independent witnesses, testified to that effect. Certainly the evidence that tended to show that respondent’s services were rendered ex gratia was controverted. Respondent vigorously denied her services were gratuitous.

In support of its first point appellant further contends that the law has been erroneously applied. Appellant concedes that the law presumes that a decedent intends to pay one who provides him services when no family relationship exists between the provider and the decedent. Yaycox v. Brune, 434 S.W.2d 539, 544 (Mo.1968). Appellant maintains, however, that “family relationship” is not the only exception to the presumption. This is true. As between strangers, the mere rendition of services does not automatically entitle one to compensation therefor. If a personal relationship between unrelated persons is such as to lead a reasonable person to believe that the services were rendered gratuitously, it is then presumed that payment therefor was not intended regardless of their value. Buchweiser, 695 S.W.2d at 128 (citing Taylor v. Currie’s Estate, 83 S.W.2d 194, 197 (Mo.App.1935)).

Appellant argues that because the trial court did not consider whether respondent’s services were performed gratuitously, but only considered whether a family relationship existed between respondent and decedent, the law has been misapplied. Such an argument is specious. The trial court, in its detailed Findings of Fact and Conclusions of Law, specifically found that respondent did perform many valuable services for the decedent.

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