Burr Estate

Opinion by

Mr. Justice Allen M. Stearne,

The appeal is from the allowance by an orphans’ court of a claim for nursing and housekeeping. The single question is whether or not claimant overcame the presumption of periodic payments. A majority of the court ruled that she did. One Judge dissented.

At the audit the issue was beclouded by the inapt preliminary statement of counsel for claimant concerning the nature of the claim. He stated that the claim was based upon quantum meruit. He did, however, refer to an alleged agreement. It is well settled that where a claim is made upon an express contract…