Lowery v. Pritchett
Supreme Court of Alabama
Appeal from Probate Court, Escambia County; M. R. McLellan, Judge. T. H. Pritchett, as administrator of the estate of Mary J. Lowery, filed his accounts and vouchers for the final settlement of the estate. There was contest by R. E. Lowery and others, distributees of the estate, and from a decree passing the account contestants appeal.
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Appeal from Probate Court, Escambia County; M. R. McLellan, Judge. T. H. Pritchett, as administrator of the estate of Mary J. Lowery, filed his accounts and vouchers for the final settlement of the estate. There was contest by R. E. Lowery and others, distributees of the estate, and from a decree passing the account contestants appeal. The item contested was a bill for $600 in favor of T. H. Pritchett and paid by himself as administrator to himself for services rendered by claimant to the decedent during the ten months of her last illness and for the living expenses of decedent. It appeared…
1Opinion of the Court
ANDERSON, O. J.
[1] As for articles furnished or services rendered by parent to child or child to parent, or those occupying such a relationship, the presumption arises that the services are gratuitous; but this presumption may be rebutted By px-oof of - an express contract, or a contract implied in fact, that is, established by facts and circumstances which show that at the time the services were rendered both parties contemplated, or intended, a pecuniary compensation therefor. Butler v. Kent, 152 Ala. 594, 44 South. 863; 8 Am. & Eng. Enc. of Law, 1023.
“Whenever, therefore, compensation is…
2Cases cited7 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Borum v. BellSupreme Court of Alabama · 1902
- Hodge v. HodgeWashington Supreme Court · 1907
- King's Administrator v. KellyIndiana Supreme Court · 1867
- Patterson v. CarterSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Burnett v. GarrisonSupreme Court of Alabama · 1954
- Coleman v. AdkinsSupreme Court of Alabama · 1936
- Duncan v. JohnsonSupreme Court of Alabama · 1940
- Croft v. CroftSupreme Court of Alabama · 1929
- Schmale v. BolteSupreme Court of Alabama · 1951
11 more not listed; retrieve them via the Exa API.