Cummiskey's Estate

Citations

• 224 Pa. 509
• 73 A. 916
• 1909 Pa. LEXIS 831

Syllabus

<p>Decedents’ estates — Claims for boarding and nursing.</p> <p>1. Where a woman of considerable estate who was in the habit of paying her bills regularly, boarded for several years with a former domestic servant, and was nursed by the latter, a claim presented by the latter against the estate of the former for boarding and nursing for three years prior to the death of decedent, will not be allowed, where there is no evidence to warrant a finding that the claimant had not received compensation.' In such a case there must be sufficient evidence to overcome the presumption that claimant was paid at stated periods.</p> <p>2. The wages for domestic service are presumed to be paid at stated periods, and when a claim for such service is presented against a decedent’s estate, extending over any great length of time, the burden is upon the claimant to rebut the presumption. It, of course, is a presumption of fact which may be rebutted by competent evidence, but until satisfactory evidence is produced the presumption prevails, and the claim must be disallowed. The same rule is applicable in cases of boarding and nursing under the circumstances disclosed in this case.</p>