Currey's Estate

Citations

• 26 Pa. Super. 479
• 1904 Pa. Super. LEXIS 336

Syllabus

<p>Decedent’s estates — Claim, for nursing — Nephew—Consideration—Promise.</p> <p>When one person is rendering service to another, which he is under no legal obligation to perform, and the party receiving the benefit makes an express promise that the service shall be paid for, and upon the faith of that promise the services are continued, there is sufficient consideration to support the promise to pay for all the services, past as well as future.</p> <p>A nephew made a claim against the estate of his uncle for services in nursing him during his last illness. The nephew was married, had a family and lived in his own house, which was some distance from the residence of his uncle. He testified that his uncle promised that he should be paid and told him “to still look after him.” The court below disallowed the claim on the ground that as no demand had been made until after the uncle’s death the presumption was that the services had been rendered without expectation of pay, and that the promise was without consideration as to past services. Held, that the court was bound to consider the evidence as to the promise, and that the promise if made was based upon sufficient consideration.</p>