Appeal of Barhite

Citations

• 126 Pa. 404
• 24 W.N.C. 64
• 17 A. 617
• 1889 Pa. LEXIS 888

Syllabus

<p>1. Where a young woman lived with her grandfather as a member of his family for a number of years prior to his death, she is not entitled to be paid for services rendered by her, without proof of an express contract therefor.</p> <p>2. Whatever the nature of her services, whether the performance of household duties or assistance rendered in the transaction of his business, indefinite declarations of the grandfather that he would' pay her, etc., are insufficient to establish a contract for such payment.</p> <p>8. An executor is not entitled to the allowance of a commission upon an advancement made by the testator in his lifetime, or upon his own indebtedness to the estate, brought into the amount with which he has charged himself.</p> <p>4. Under the circumstances of this ease, the accountant’s commission upon the portion of the estate upon which he was entitled to commissions, was properly fixed at five per cent, and, the audit having been rendered necessary by his unfounded charges, it was not error to impose the costs thereof upon the accountant.</p>