Kauss v. Rohner
Supreme Court of Pennsylvania
Appeal, No. 232, Oct. T., 1895, by defendant, from judgment of C. P. Butler Co., March T., 1895, No. 40. Assumpsit to recover for services rendered to defendant's intestate. Before Greer, P. J. At the trial it appeared that Mary Kauss, whose real name is'Mary Swager, had lived in decedent’s family from 1876, at which time she was six years old. It appeared that decedent had no children of his own, and that his wife was an invalid.
Read the full summary
Appeal, No. 232, Oct. T., 1895, by defendant, from judgment of C. P. Butler Co., March T., 1895, No. 40. Assumpsit to recover for services rendered to defendant's intestate. Before Greer, P. J. At the trial it appeared that Mary Kauss, whose real name is'Mary Swager, had lived in decedent’s family from 1876, at which time she was six years old. It appeared that decedent had no children of his own, and that his wife was an invalid. Desiring a girl to raise, he agreed with Mrs. Swager to take Mary, and if the girl should remain with him until his death, that she should have all he had. On…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
While much of the testimony intended to establish a contract to compensate the plaintiff for the services she rendered the decedent consisted only of the proof of loose declarations of testamentary intention, there was enough that was direct *488and positive to justify the submission of the question of the existence of a contract to the jury. Proof of the contract did not entitle the plaintiff to recover the value of the estate: Hertzog v. Hertzog, 34 Pa. 418; Graham v. Graham’s Executors, 34 Pa. 475; Pollock v. Ray, 85 Pa. 428. But it overcame the presumption arising…
2Cases cited5 opinions
- Graham v. Graham's ExecutorsSupreme Court of Pennsylvania · 1859
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Roth's EstateSupreme Court of Pennsylvania · 1892
- Pollock v. RaySupreme Court of Pennsylvania · 1877
- Thomas v. MillerSupreme Court of Pennsylvania · 1895
3Cited by33 opinions
- Lach v. Fleth, Admr.Supreme Court of Pennsylvania · 1949
- Stafford v. Reed, Admr.Supreme Court of Pennsylvania · 1949
- Commonwealth Trust Co. v. SzaboSupreme Court of Pennsylvania · 1957
- Stafford v. ReedSupreme Court of Pennsylvania · 1950
- Bowman's EstateSupreme Court of Pennsylvania · 1930
28 more not listed; retrieve them via the Exa API.