Shenk's Estate
Superior Court of Pennsylvania
Appeal, No. 132, Oct. T., 1914, by Anna E. Shenk, from decree of O. C. Lancaster Co., Feb. T., 1914, No. 6, dismissing exceptions to adjudication in Estate of Anna E. Shenk, deceased. Exceptions to adjudication. Smith, P. J., filed the following opinion: Exception is taken to the decree of distribution in this estate because of an award of $470 to Edward M. Hatten for boarding Anna Shenk. This claim was shown in an exceptional light.
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Appeal, No. 132, Oct. T., 1914, by Anna E. Shenk, from decree of O. C. Lancaster Co., Feb. T., 1914, No. 6, dismissing exceptions to adjudication in Estate of Anna E. Shenk, deceased. Exceptions to adjudication. Smith, P. J., filed the following opinion: Exception is taken to the decree of distribution in this estate because of an award of $470 to Edward M. Hatten for boarding Anna Shenk. This claim was shown in an exceptional light. Anna Shenk was the mother of Hatten’s wife. She had $1,250, which was invested in bank deposit certificates. She had no home. When at the house of Hatten’s…
1Opinion of the Court
Opinion by
Trexler, J.,
We may assume that two facts are established in this case. First, that a contract was made whereby decedent promised to pay to her son-in-law $100 a year for *470board and lodging; the other, that the services were performed according to the contract. There remains for the claimant to prove that the annual amounts are still unpaid. The claimant called one witness, his daughter, who after establishing the contract to the satisfaction of the auditing judge, testified further to certain matters which it is claimed overcome the presumption of payment. The court considered her…
2Cases cited4 opinions
- Carpenter v. HaysSupreme Court of Pennsylvania · 1893
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- Estate of HughesSupreme Court of Pennsylvania · 1896
- Mueller's EstateSupreme Court of Pennsylvania · 1894
3Cited by1 opinion
- Rohrbach v. RossSuperior Court of Pennsylvania · 1921