Hoy's Estate

Citations

• 73 Pa. Super. 512
• 1920 Pa. Super. LEXIS 51

Syllabus

<p>Decedents’ estates — Services rendered deceased — Medical attendance.</p> <p>In a proceeding before an auditor, to determine the amount due a physician for services rendered the deceased in her last illness, the claimant is incompetent to testify as to matters occurring in the lifetime of the decedent.</p> <p>Where expert witnesses have been called to estimate the value of such services, the only proper way to proceed is to state the facts that appeared in the testimony in the form of a hypothetical question, and this being answered, the auditor and the court could determine what the foundation of the estimate was. The conclusion of the experts should clearly appear to be founded upon the competent testimony introduced.</p> <p>Auditor — Compensation—Act of June h, 1879, P. L. 8f.</p> <p>While the appellate courts will not reverse the action of the lower courts in the matters of the compensation of auditors unless error clearly appears, yet they are bound to do so in obedience to the statute where the allowance cannot be sustained unless it be presumed from an inspection of the report that the auditor was necessarily engaged a certain number of days in the performance of his duties and such presumption would be in direct contradiction of the record. Where the record showed that the auditor had held but six meetings and had consumed a large part of his time in taking testimony, which should properly have been excluded, the appellate court will not approve the auditor’s fee of $650.</p>