Meyer v. Temme

Citations

• 72 Ill. 574

Syllabus

<p>1. Guardian—suit against, for board and clothing of ward. A testator gave to his widow, by his will, money and the rents and profits of land, in lieu of dower, incumbered with the provision that she should maintain and support his children. She renounced the provisions of the will, and had dower assigned, married again, and, with her second husband, resided upon the land set off to her for her dower: Held, in a suit by the second husband against the guardian of the children, for their board and clothing, that he was in no way bound or affected by the will or the relinquishment of the widow, and was not thereby precluded from maintaining his suit.</p> <p>2. Same—may set off labor of ward against claim for boa/rd and clothing. In a suit against a guardian for board and clothing furnished his wards, he may prove that the wards have worked for the plaintiff, and the value thereof, and set it off against his claim, but the jury can not take into consideration any labor that such wards may do for the plaintiff in the future, and for the court to instruct them that they may, is error.</p> <p>3. Step-eather—right to pay for support of step-children. When a man marries a widow with children, if he assumes the relation of father to the children, and, as such, provides them with board and clothing, and, in turn, has their labor, and has no contract with their guardian, he can not recover for the support thus furnished.</p> <p>4. But if, at any time, he had a contract with their guardian in regard to the keeping of the wards, he would he entitled to recover on that contract; or if, at any time, he should refuse longer to keep the children without compensation, and should so notify their guardian, and the guardian should neglect or refuse to provide a place for them, or make a contract with the step-father in regard to compensation, then he would be entitled to recover reasonable pay for the keeping after such notice, deducting the value of their services.</p> <p>5. Instructi