Zimmerman v. Zeimet

The administrator’s first contention is that because of the near relationship and the common home of Anna and Lucy, Lucy is presumed to have acted gratuitously. There is such a presumption, a rebuttable one, between near relatives. We need not decide whether it extends to persons with the relationship and association of these two women for, if the presumption exists, it was rebutted by three competent witnesses who testified that Anna Zeimet told them at separate times that she and Lucy had an agreement for Lucy to make her home with Anna and she would get whatever was left when Anna was…