Legal Opinion · Dissent

Burr Estate

Supreme Court of Pennsylvania

Decided May 4, 1955No. Appeal, 250Published

1Dissent

*552Dissenting Opinion by

Mr. Justice Bell:

This is another case where an appeal to onr heartstrings serves unwittingly to break down the walls which for over a century have (with one exception) protected dead men’s estates against claims for services rendered in decedent’s lifetime which, if they were genuine, could and should have been made in decedent’s lifetime.

To establish a claim against a decedent’s estate which could have been presented in the lifetime of the decedent, that claim must, according to the authorities, be established by evidence which is “clear, direct and positive” or, as it…

2Cases cited33 opinions

  1. Gilbraith's EstateSupreme Court of Pennsylvania · 1921
  2. Lach v. Fleth, Admr.Supreme Court of Pennsylvania · 1949
  3. Graham v. Graham's ExecutorsSupreme Court of Pennsylvania · 1859
  4. Mooney's EstateSupreme Court of Pennsylvania · 1937
  5. Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888

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