Estate of Heffner

Citations

• 134 Pa. 436
• 19 A. 693
• 1890 Pa. LEXIS 722

Syllabus

<p>[To be reported.]</p> <p>(a) The only evidence tending to support a claim presented by a widow • against her husband’s estate, for money belonging to her and received • by him, was his declaration that she had given him money, without saying how much, and that if she did not stop scolding he would give it back to her, and she could do as she pleased with it:</p> <p>1. This declaration, being vague and indefinite, failing to show the receipt of any specified amount, and being equally consistent with the allegation of a gift to the husband of some portion of the wife’s money as with that of a loan, was insufficient to justify a decree by the Orphans’ Court in favor of the claimant.</p> <p>2. All the evidence having been adduced by cross-examination of the party contesting the claim, the court had no right to infer facts supporting it, from the failure of the witness to make his testimony more definite, or the failure of his counsel to have him do so, as such a course would put the burden of proof on the wrong party.</p>