Kauss v. Rohner

Citations

• 172 Pa. 481
• 33 A. 1016
• 1896 Pa. LEXIS 802

Syllabus

<p>Decedent's estates — Claim for services — Contract—Presumption—Value of services.</p> <p>Where a girl who has lived in the family of a decedent occupying the relation of a daughter, has proved a contract on the part of the decedent to leave her all he had, the proof of the contract overcomes the presumption arising from the existence of the family relation that the services were performed without the expectation of reward, and enables the claimant to recover on a quantum meruit the reasonable value of her services.</p> <p>Decedent took into his family to raise a girl six years old, having no children of his own, under an agreement with the girl’s mother that if the girl remained with him until his death she should have all his property, which consisted mainly of real estate. The girl continued to live in the family of decedent until decedent’s death, occupying the relation of a daughter, and performing services in the household and on the farm. At the time of decedent’s death plaintiff was twenty-six years old. Decedent died intestate. Held, that the measure of the value of the services was their market value.</p> <p>Evidence — Competency of witness — Party dead — Act of June 11, 1891, P. L. 287.</p> <p>Under the act of June 11, 1891, P. L. 287, by which a surviving party S3 made competent to testify to any relevant matter which occurred before the death of the other party, if such matter occurred between the party himself and a person who is living and who testifies against him at the trial, or “ if such relevant matter occurred in the presence or hearing of such other living and competent person,” the surviving party is not competent unless the living witness has been called, and then to such matters only as he has testified to.</p> <p>Statute of limitations — Decedent's estates — Claim for services.</p> <p>The statute of limitations does not begin to run against a claim for services rendered to a decedent until his death, where the contract was that they shoul