Gibb's Estate

Citations

• 266 Pa. 485
• 110 A. 236
• 1920 Pa. LEXIS 594

Syllabus

<p>Decedents’ estates — Claim for board -and lodging — Family relation — Nephew and -aunt — Presumption—Periodic payments — Domestic services — Evidence-—-Burden of proof.</p> <p>1. Ordinarily, an implied promise exists to pay for services rendered and accepted, and the burden is on the person denying liability to show no debt was, in fact, intended. This rule does not PPly? however, where the services are rendered by members of a family to each other, as such services, are usually performed without expectation of remuneration; consequently, where the family relation exists, no action can be maintained for board, lodging and washing, unless an express promise or agreement to pay is proven. Relationship alone, however, is sufficient to overcome the presumption, only in the case of parent and child. The closer the relationship the less expectation of payment, and greater strictness of proof to overcome the presumption is required.</p> <p>2. The existence of a family relationship between an aunt and nephew, does not, in itself, rebut the promise which the law implies to pay for such services as board, lodging and washing furnished by the aunt to the nephew.</p> <p>3. In such a ease a claim by the aunt against her deceased nephew’s estate for board, room, washing, etc., for $30 per month for six years, less a credit of $25 paid, will be sustained where the evidence shows that the deceased lived with, his aunt during such time and that the services were rendered, but, so far as the proofs show, no demand was made for payment; that he was a druggist, thirty-one years old at the time of his death; that he had ample funds in bank to meet his necessities, and no one was dependent upon him for support; that he had stated to witnesses that he was paying his board, although admitting .at the same time that none, in fact, had been paid; and that the aunt-acknowledged that she had received $25 on account.</p> <p>4. The appellate court cannot say, in such case, that the court belo