In re Estate of Dettenmaier

Citations

• 13 Pa. Super. 170
• 1900 Pa. Super. LEXIS 130

Syllabus

<p>Decedent's estate — Orphan's court — Adjudication — Parent and child~ Wages— Contract.</p> <p>The law implies no promise on the part of a parent to pay for services rendered, or support or attendance given, by the child as such, even after the child has become of age, and in the absence of clear and distinct proof of an express contract, no allowance can be made or recovery had from a parent’s estate on such a claim.</p> <p>Where a decedent gave control of her deposit book in a savings bank to a daughter more than twenty-one years old and permitted her to draw moneys for the payment of expenses attendant on decedent’s illness; requested her to withdraw the balance, for the reason that she desired the daughter to have it all before decedent’s death; made declarations in the daughter’s presence that she desired that her daughter should have her estate, and the deposits were not drawn out of the bank, the proof of an express contract is not sufficiently clear and distinct to sustain an adjudication by the orphans’ court in favor of the daughter.</p>