Wilhoite v. Beck

141 Ind.App. 543 (1967)

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Nature of the Case

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Facts

Lawrence lived in the Beck (P) household for more than 20 years. P and Lawrence were second cousins. Apparently, she arrived there uninvited, unannounced, and unexpected. There was no express agreement for Lawrence to pay for room and board. Lawrence told the Becks that she did not accept charity and that they would be 'taken care of.' Evidence showed that Lawrence kept to herself and did not take part in P's family life, worked during most of the 20 years, and was very independent. Lawrence died and left the residue of her estate in equal shares to her relatives, including P. P then submitted a claim to the executor, Wilhoite (D), for services rendered. P's claim was rejected; in the absence of an express contract, services rendered to a family member are presumed to be gifts unless there is clear and convincing evidence to prove that no gift was intended. P appealed; there was an implied contract to pay for room and board, and no gift had ever been intended.