Knauss's Estate

Citations

• 148 Pa. 265
• 30 W.N.C. 92
• 23 A. 894
• 1892 Pa. LEXIS 966

Syllabus

<p>[Marked, to be reported.]</p> <p>Decedent’s estate — Parent and child — Claim for services — Recognition of claim in will.</p> <p>A testator provided by his will that one of Ms daughters should receive a portion of Ms estate, less the amount due testator by her husband, “ and also the amount claimed, or may be claimed by her, or thorn, as wages coming from her work and labor done over and above the age of twenty-one years, may bo added to her portion whenever the same may be recovered against the estate by due course of law: ”</p> <p>Held, 1. That the language of the will was a recognition of a valid claim on the part of the daughter for compensation, and that no further proof of a contract relation was necessary.</p> <p>2. That the presentation of the claim in the orphans’ court, and its adjudication therein, constituted a recovery “ by duo course of law.”</p> <p>3. The gift to the daughter was a legacy, the amount of which was to be ascertained by a judicial proceeding.</p> <p>4. That claimant was not entitled to interest during the lifetime of testator, but was entitled to interest beginning one year from the date of testator’s death.</p>