The people's voice. [volume] (Helena, Mont.) 1939-1969, 1942-01-30
A Human Interest
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SOS taxes. and $26 fire insurance, a
total of $125, leaving balance for
living expenses and incidentals OF
SITS per year or approximately Sl4.5o
per month. The daughter during this
time assisted them to the extent OF
her ability.
The evidence further shows that ap-
plicants, or at least Mrs Mattfeldt, IS
in need of constant medical care, her
eyesight becoming dim and having
been advised that she is losing her
eyesight
With reference to the transfer, the
uncontradicted evidence shows that
the $1,000 was borrowed from the
daughter sometime in 1908 by the
mother and used by the stepfather
from 1915 on, upon an agreement or
understanding that interest at the
rate of 10 was to be paid. me
mother testifies that she paid the
daughter about $500 as interest be-
tween 1908 and 1915 (The simple
interest for this period would amount
to $4,000
The evidence shows that this prop
erty was mortgaged for s3,oOo, on
which annual interest amounts to
$35, taxes $65, and insurance $26. IL
is clear from the evidence that appll-
cants are unable to work the farm
to an extent that would produce suffi-
Gent to pay these fixed charges and
net them a living. II rented, as IN
the past, these charges could be met
and a partial living eked out. But
in either event, there seems no pos
sibility of retiring the mortgage debt.
Hence. eventually foreclosure will re-
suit and the property will be lost. In
such event these applicants would
then be eligible for assistance insofar
as owning property is concerned.
Aside from strictly technical legal
equitable interest, the daughter under
the facts has at least moral interest
in this property. From the evidence
il appears that the daughter has given
her parents what financial support
and assistance she could. 1t must be
remembered in this respect that she
is a married woman with no indlVid-
ual property or resources OF her own.
and what financial support she may
give her parents is subject to the will
and concurrence of her husband, who
owes no legal duty to support MS
wife's parents. 1t appears the daugh-
ter and her husband are willing that
the old folks occupy the farm house
and will give them some assistance.
The reason for the transfer, as
given by applicants, is that they are
no longer able to work the farm or
rent It out profitably and that they
are unable to keep up the interest,
taxes and insurance, and hence the
property will be eventually lost to
them through tax sale or foreclosure.
To avoid this and pay the debt they
feel they owe their daughter, they
transferred title to this property to
the daughter.
Section II of Part III, Chapter 81,
Laws of 1897, dealing with Old Age
Assistance provides, among other
things. that to be eligible one must
show that he
"f) Has not made an assignment
or transfer of property for The pur-
nose of rendering himself eligible for
assistance under this act at any time
within two years Immediately prior
to the filing of application for assist
ance pursuant to the provisions OF
this act"
In Interpreting the provisions of the
Welfare Act we must keep in mind
the purpose and intent of the entire |
act and each provision thereof must
be read in the light of the whole act.
It was never the intention of the
legislature that technicalities should
,e INDUCED in administering its pro-
visions. The purpose of this act, and
PARTICULARLY of Part III dealing with
I'D Age Assistance, is to render as
istance to the aged to the extent
hey are unable to provide for them
elves.
In determining the question of eli
,ibility, of course, each case must be I
considered on its own facts. The 9
provisions of Section II quoted above Q
10 not mean that in every instance
he mere fact that a transfer has been
made within the time specified there