Bromwell v. Estate of Bromwell

Citations

• 139 Ill. 424
• 28 N.E. 1057

Syllabus

<p>1. Payment of money—presumption as to cause. Where one pays money to another and there is no explanation of the cause of payment, the ordinary presumption is that the money was paid because it was due and owing, and not by way of a loan. This is undoubtedly the rule when only business relations exist between the parties, but when other-relations exist a different presumption may arise.</p> <p>2. Same—to wife or to child-^presumption. Where a husband hands money to his wife, or a father to his child still dependent upon him the presumption naturally arising is, that the act is in performance of the legal obligation resting upon the husband or father to maintain and support the wife or child, or in obedience to the affection naturally growing out of the relation, and in such cases the transaction isprima facie a gift, and not a payment or loan.</p> <p>3. Same—by wife to husband—presumption. While the statute vests a married woman with most of the legal capacities of a feme sole, it does not so far abrogate the marital relations as to lay a foundation for a presumption that the mere handing over of a sum of money by a wife to her husband is a loan, thus creating between them the relation of debtor and creditor.</p> <p>4. A wife filed her claim against her husband’s estate for moneys-alleged to have been loaned to him, and the only evidence in support of the claim was that of a witness that, some eight or nine years before, he saw the wife hand to her husband two different sums of money, amounting to $3500. There was no proof as to whom the money be longed, or as to the circumstances or occasion of her handing it to him r Held, no error to instruct the jury that there was no evidence tending to prove the wife’s right to recover.</p> <p>5. Limitation—plea of, in probate court. No formal pleadings being required in the probate court, the Statute of Limitations will constitute a defense to a claim against an estate without being specially pleaded, in the absence of evid