Carpenter v. Hays
Supreme Court of Pennsylvania
Appeal, No. 230, Jan. T., 1892, by defendant, Jennie E. Hays, executrix of George F. Ulmer, deceased, from judgment of C. P. No. 1, Phila. Co., on verdict for plaintiff, Mary Carpenter. Assumpsit for services as nurse.
Read the full summary
Appeal, No. 230, Jan. T., 1892, by defendant, Jennie E. Hays, executrix of George F. Ulmer, deceased, from judgment of C. P. No. 1, Phila. Co., on verdict for plaintiff, Mary Carpenter. Assumpsit for services as nurse. At the trial it appeared that plaintiff, who was a cousin by marriage of testator, George F. Ulmer, went to live with him and nurse him in the early part of 1885, and remained until he died, Feb. 18, 1886. Elizabeth Rice, a sister-in-law of plaintiff and a cousin by blood of testator, also lived with him and helped to take care of him. There was no contract between plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Claims against a dead man’s estate, which might have been made against himself, while living, are always subjects of just suspicion, and our books from Graham v. Graham, 34 Pa. 475, to Miller’s Est., 136 Pa. 239 (249), are full of expressions by this court of the necessity of strict requirement of proof and the firm control of juries in such cases. The present is no better than most of its class.
Wages for domestic service are presumed to be paid at the periods customary at the time and in the neighborhood, and claims for such wages for unusual length of time,…
2Cases cited7 opinions
- Graham v. Graham's ExecutorsSupreme Court of Pennsylvania · 1859
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Estate of MillerPennsylvania Orphans' Court, Berks County · 1890
- McConnell's AppealSupreme Court of Pennsylvania · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gilbraith's EstateSupreme Court of Pennsylvania · 1921
- Breniman v. BrenimanSupreme Court of Pennsylvania · 1924
- Swieczkowski v. Sypniewski, Exr.Supreme Court of Pennsylvania · 1928
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- Bradshaw's EstateSupreme Court of Pennsylvania · 1914
20 more not listed; retrieve them via the Exa API.