Gaulden v. Ramsey

Citations

• 123 Miss. 1
• 85 So. 109

Syllabus

<p>1. Executors and -Administrators. Claim, for board, lodging, and services should be allowed if supported by contract.</p> <p>A claim against the estate of a near relative for board, lodging, and services should be allowed if supported by a contract either express or implied.</p> <p>2. Exeoutors and Administrators. Sufficiency of description on probate of claim, based on a continuous parol contract.</p> <p>The requirement of section 2106, Code of 1906 (Hemingway’s Code, section 1774), that a person desiring to probate a claim resting in parol shall present to, the clerk an itemized account or a statement of the claim in writing, etc., is complied with in probating a claim for'board, lodging, and services based on a continuous contract covering a period of three years by describing the claim as “To care and attention including board, lodging, . . . and service for three years prior to the death of said Mrs. O. D. Graves, and being from April 20, 1913, to April 20, 1916.”</p> <p>3. Executors and Administrators. Defective description of some of the several items of a claim does not render the probate of the claim void.</p> <p>Where the written statement of a claim against the estate of a decedent required by section 2106, Code of 1901 (section 1774, Hemingway’s Code), containing several items, is defective because some of the items are defectively described, and the amount demanded is stated in gross, apparently covering all of the items, such defect does not gender the probate of the entire claim void, if the amount demanded does not exceed the amount due the creditor by the deceased on the items that are properly described.</p> <p>4. Limitation ojf Actions. As to continuous contract statute does not begin to run until termination.</p> <p>- A contract for board, lodging, and services, whether express or implied, with no time fixed for payment or for the termination of the contract, is a continuous one, and the statute of limitations is inoperative until the contract