In re Estate of Fulton
Supreme Court of Pennsylvania
Appeal, No. 372, Jan. T., 1896, by James S. Fulton, from decree of O. C. York Co., confirming auditor’s report. Exceptions to report of auditor, Daniel K. Trimmer. On exceptions to the auditor’s report Stewart, J., filed the following opinion: The only contests in this estate are those arising out of the claims presented by Dr. J. S. Miller. Miller was the client of Fulton, who was an attorney at law, and Fulton was the patient of Miller, who was a physician.
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Appeal, No. 372, Jan. T., 1896, by James S. Fulton, from decree of O. C. York Co., confirming auditor’s report. Exceptions to report of auditor, Daniel K. Trimmer. On exceptions to the auditor’s report Stewart, J., filed the following opinion: The only contests in this estate are those arising out of the claims presented by Dr. J. S. Miller. Miller was the client of Fulton, who was an attorney at law, and Fulton was the patient of Miller, who was a physician. So that to begin with, we have the double confidential relation. In addition to this the evidence shows that Fulton and Miller were…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first question raised is on the proof of the claim of Dr. Miller for medical services to the decedent. The book pro•duced contained a large number of entries, beginning more than six years before the presentation of the claim. The auditor disallowed all that appeared to be barred by the statute of limitations, all lumping charges, a large number of items not self explanatory, and allowed the rest. The learned judge below sustained an exception by the claimant and allowed all the charges within six years, except those containing a lump sum for items not…
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