Evans's Estate
Superior Court of Pennsylvania
Appeal, No. 192, Oct. T., 1914, by Merchants’ Union Trust Company, Administrator c. t. a. of John Evans, deceased, and Sarah L. Yeager, from decree of O. C. Del. Co., dismissing exceptions to auditor’s report in Estate of Sarah Evans, deceased. Exceptions to report of Frank B. Rhodes, Esq., auditor. From the record it appeared that J. Evans- Eccles ■claimed before the auditor the sum of $744 for nursing, attention, and care of the decedent. It appeared that ■Mr..
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Appeal, No. 192, Oct. T., 1914, by Merchants’ Union Trust Company, Administrator c. t. a. of John Evans, deceased, and Sarah L. Yeager, from decree of O. C. Del. Co., dismissing exceptions to auditor’s report in Estate of Sarah Evans, deceased. Exceptions to report of Frank B. Rhodes, Esq., auditor. From the record it appeared that J. Evans- Eccles ■claimed before the auditor the sum of $744 for nursing, attention, and care of the decedent. It appeared that ■Mr.. Eccles was a nephew of decedent’s husband, and that he and the decedent had lived for a number of years in the same house, each…
1Opinion of the Court
Opinion by
Kephárt, J.,
The many assignments of error present two questions: *85(1) Did the presumption of family relationship arise? and (2) was there a presumption of payment? The claimant was the nephew of decedent’s husband. Standing alone this did not raise such presumption of family relationship as would defeat his claim.' His testimony fully established services rendered for nursing, care and attention. This raised a presumption of a promise to pay, and the burden of proof was then cast on those contesting the claim to establish by evidence such facts as would warrant the inference that the…
2Cases cited9 opinions
- Lewis's EstateSupreme Court of Pennsylvania · 1893
- Appeal of RanningerSupreme Court of Pennsylvania · 1888
- McConnell's AppealSupreme Court of Pennsylvania · 1881
- Gerz's Exrx. v. Demarra's Exrs.Supreme Court of Pennsylvania · 1894
- Smith v. MilliganSupreme Court of Pennsylvania · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re: Estate of M.W. GriffinSuperior Court of Pennsylvania · 1929
- Dowman EstateSuperior Court of Pennsylvania · 1944
- Hartman Et Ux. v. Moloney, Exr.Superior Court of Pennsylvania · 1937
- Estate of Ellen BergstresserSuperior Court of Pennsylvania · 1932
- Tustin Et Ux. v. Isherwood, Exr.Superior Court of Pennsylvania · 1938
1 more not listed; retrieve them via the Exa API.