Gracie's Estate

Citations

• 158 Pa. 521
• 27 A. 1083
• 1893 Pa. LEXIS 1628

Syllabus

<p>Husband and wife — Statute of limitations.</p> <p>The statute of limitations does not begin to run to bar the claim of a husband against his wife until the death of the wife.</p> <p>Decedents' estates — Declarations of wife as to ownership of money deposited in her name — Evidence—Presumption—Gift.</p> <p>A testamentary paper in the handwriting of a wife, to the effect that certain moneys deposited in her name in a bank really belonged to her husband and that she desired her husband to have the moneys, is competent evidence after the death of the wife of the ownership of the deposit, although when the paper was found the signature was torn off.</p> <p>In addition to the testamentary paper referred to, there was in evidence declarations of the wife to the effect that the money belonged to her husband, and that she had taken charge of it because he was not much of a business man. There was no evidence that she ever claimed the deposit as her own. Held, that the evidence was sufficient to rebut any presumption of gift.</p>