Gongaware's Estate

Citations

• 265 Pa. 512
• 109 A. 276
• 1920 Pa. LEXIS 471

Syllabus

<p>Practice, Supreme Court — Appeals—Findings of fact — Orphans’ court — Evidence—Witnesses—Competency—Decedents’ estates.</p> <p>1. Under Section 2 of the Act of June 16, 1836, P. L. 683, appeals from the orphans’ court must be heard and determined according to the justice and equity of the particular case.</p> <p>2. Specific findings of fact by that court will not be reversed unless there is no evidence to support them, or they are clearly erroneous and to uphold them would work a manifest injustice.</p> <p>3. This is so even though upon a reading of the evidence an opposite conclusion would seem correct.</p> <p>4. This rule, however, does not apply where the findings are only inferences or deductions from other facts, or conclusions from reasoning.</p> <p>5. Distributees are not competent witnesses to prove gifts by decedent to themselves, but are competent to prove his gifts to other distributees.</p> <p>6. In view of the opportunities for collusion growing thereout, the court below is not required to accept such testimony as verity.</p> <p>Evidence — Ownership of personal property — Presumption—Gift —Burden of proof.</p> <p>7. As between people who live together, ownership of the place raises no presumption that the personal property therein belongs to one rather than to the other.</p> <p>8. He who pays for an article is presumed to be the owner, and one who alleges a gift thereof has the burden of proving it.</p> <p>9. The quantum of evidence to prove a gift depends on the circumstances of the particular case. It need not be so clear between husband and wife and parent and child, as it would be required to be between strangers.</p> <p>Executors and administrators — Advice of counsel — Notes.</p> <p>10. Where in good faith and under advice of counsel an administratrix surrenders to the payee notes found in decedent’s possession, because of a belief they have been paid in full to decedent, the proper course is to suspend the question of surcharge and direct that