Mueller's Estate

Citations

• 159 Pa. 590
• 28 A. 491
• 1894 Pa. LEXIS 902

Syllabus

<p>Decedents' estates — Evidence—Declarations—Res gestea.</p> <p>Claims against a dead man’s estate which might have been made against himself while living are always subject to just suspicion.</p> <p>Testimony of a person claiming to recover money alleged to have been loaned to decedent to the effect that, after the purchase of a house by decedent, claimant took part of the purchase money to the title company which was examining the title, and asserted to the officer to whom he handed it that he was advancing the money as a loan, is not admissible in the absence of evidence that decedent was present and assented to the statement.</p> <p>Such a declaration is also inadmissible as part of the res gestse. It is rather in the nature of a self-serving declaration, and therefore not entitled to any consideration as evidence in support of appellant’s claim against the estate.</p>