Beaver's Estate

Citations

• 74 Pa. Super. 354
• 1920 Pa. Super. LEXIS 153

Syllabus

<p>Decedents’ estates — Care of deceased during last illness — Compensation.</p> <p>An award, by an auditor, of compensation for the care of an old man during his last illness will be sustained, wheze evidence was produced that there was no relationship between the decedeizt and the persons who eared for hizn, nor had their previous conduct and course of dealing’ been such as to impose upon them any duty to receive him into their home and take care of him. There was no contract between them, nor was there anything in the circumstances from which it could be inferred that, when they received him into their home, they undertook to provide for him and take care of him gratuitously.</p> <p>In such case, the services performed by one who attended upon the decedent during his last illness were not those of an ordinary house servant, and, therefore, did not come within the rule that such services are presumed to be paid for within feed periods.</p> <p>Auditors — Opening case — Additional testimony — Discretion.</p> <p>In a proper case, upon cause shown, it is within the discretion of the auditor to open the case and hear additional testimoziy, after final az’gument of counsel, azzd before the report is prepared.</p>