Lynn v. Lynn
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action brought by James J. Lynn against Isaac Lynn, administrator of Charlotte Lynn, deceased, to recover the amount of boarding alleged to be due and unpaid from the mother. J ames J. Lynn lived in Illinois. His mother Charlotte Lynn was an old and infirm lady who had a life estate in a large amount of property in Fayette county. About a year before her death she went to Illinois to reside with the plaintiff.
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Error to the Common Pleas of Fayette county. This was an action brought by James J. Lynn against Isaac Lynn, administrator of Charlotte Lynn, deceased, to recover the amount of boarding alleged to be due and unpaid from the mother. J ames J. Lynn lived in Illinois. His mother Charlotte Lynn was an old and infirm lady who had a life estate in a large amount of property in Fayette county. About a year before her death she went to Illinois to reside with the plaintiff. After her death he presented to the administrator a claim for boarding and taking care of his mother during the time she was…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
Here is another claim that ought to be charged to the account of family relationship. A mother made a visit to her son in a distant state, remained there some months, and died there. Now the son sues her administrator for her boarding. That the law implies no contract in such a case is plain enough, and' here there is no evidence of an express contract. She had told one witness that she intended to pay what was right for her boarding, but there is nothing like evidence of a contract in that. If the son was not willing to receive his mother…
2Cited by4 opinions
- Zimmerman v. ZimmermanSupreme Court of Pennsylvania · 1889
- Reed EstateSuperior Court of Pennsylvania · 1943
- McHugh's EstateSupreme Court of Pennsylvania · 1893
- Reasner's Estate (Tolbert's Appeal)Superior Court of Pennsylvania · 1934