Miller's Appeal
Supreme Court of Pennsylvania
Appear from the Orphans’ Court of Cumberland county: Of July Term 18S2, No. 70. Appeal by George II. Miller, administrator of Adam Miller, deceased, from a decree of said court dismissing his exceptions to the report of an auditor appointed to make distribution of the estate of the decedent, and confirming the report.
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Appear from the Orphans’ Court of Cumberland county: Of July Term 18S2, No. 70. Appeal by George II. Miller, administrator of Adam Miller, deceased, from a decree of said court dismissing his exceptions to the report of an auditor appointed to make distribution of the estate of the decedent, and confirming the report. The following were the material facts: — On April 1, 1872, Adam Miller and wife, who had been keeping house together, went to live with their son George, with whom they remained until they died — Mrs. Miller, on December 2d 1876, aged 78 years, and Mr. Miller, on March 30th,…
1Opinion of the CourtJustice Trunket
Implied contracts are such as reason and justice dictate, and which the law presumes from the relations and circumstances of the parties. Nothing is better settled than that the performance and receipt of services, or the furnishing of board, raises an *571implied assumpsit by the one who receives to compensate the other, yet this implication may be rebutted by proof of facts which repel the idea of a contract. Ordinarily parents and children do not expect to pay or receive payment for acts of kindness to each other, nor do other members of a family. For services rendered by members of a family…
2Cited by19 opinions
- Young v. HippleSupreme Court of Pennsylvania · 1922
- Gibb's EstateSupreme Court of Pennsylvania · 1920
- Gerz's Exrx. v. Demarra's Exrs.Supreme Court of Pennsylvania · 1894
- In Re: Estate of M.W. GriffinSuperior Court of Pennsylvania · 1929
- Perkins v. HasbrouckSupreme Court of Pennsylvania · 1893
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