Gerz's Exrx. v. Demarra's Exrs.

Citations

• 162 Pa. 530
• 29 A. 761
• 1894 Pa. LEXIS 1012

Syllabus

<p>Decedent's estates — Glaim for services — Evidence—Presumption.</p> <p>Relationship, either by consanguinity or affinity, is a fact which tends to rebut the presumption, which the law raises, that a promise to pay is intended when personal services are rendered. But, alone, it does not overcome the presumption except in the ease of parent and child. In all other cases there must be evidence beyond the relationship that the creation of no debt was intended.</p> <p>In an action by a son-in-law against his mother-in-law’s estate for board, where one of the witnesses testifies that the decedent had told her that she had promised to pay her son-in-law for board, the case must be submitted to the jury.</p>