Brown v. McCurdy

Citations

• 278 Pa. 19
• 122 A. 169
• 1923 Pa. LEXIS 464

Syllabus

<p>Decedents’ estates — Claims for services — Family relationship— Daughter-in-law — Fvidence — Presumption—Contract—Presumption of payments — Periodic payments.</p> <p>1. The mere fact that a claimant against a decedent’s estate is a daughter-in-law of the decedent raises no presumption of gratuitous services; but if the claimant has become a part of the family, the contrary is true.</p> <p>2. A claim of a daughter-in-law, a member of the family, against her deceased mother-in-law’s estate, for domestic services and nursing rendered during a period of fifteen years will not be sustained where there is no evidence of an express contract, and the only testimony was of indefinite declarations of decedent to the effect that claimant was to be well paid by her executors, and should no longer be required to go out to work.</p> <p>3. In such ease a presumption also arises that the compensation, even if any was contemplated, had been paid at stated periods.</p> <p>4. Where no evidence is offered to overcome such presumption, the question is primarily for the court.</p> <p>Appeals — Refusal of judgment n. o. v. — Basic and fundamental errors.</p> <p>5. Where binding instructions were asked at the trial, and a motion for judgment n. o. v. was overruled, the appellate court must consider all basic and fundamental errors, even though no formal objection was made.</p>