O'Bold's Estate

Citations

• 221 Pa. 145
• 70 A. 555
• 1908 Pa. LEXIS 452

Syllabus

<p>Decedents’ estates — Claim of physician — Estoppel—Visiting list— Evidence.</p> <p>A physician rendered a bill in a lump sum of SI,250 to an executor for services to the decedent. Three years later at the audit he presented an itemized claim for SI,685.50. When he was on the stand he was asked whether he had made the regular charges for services rendered the decedent. He answered, “I have charged more, and I have charged less. I charge according to the ability of the man to pay me for my services.” The claimant offered in evidence a visiting list showing a record of all unpaid visits made to all his patients, including decedent. No objection was made by the executor to the admission of this list, and the claimant was examined in reference to it. Held, (1) that as the executor had not acted on the original bill, the essential element of estoppel as to the second bill was wanting; (2) that whatever objections might have been available against the visiting list as a book'of original entries, they were waived by the action of the executor; and (3) that the allowance of the larger claim of the physician by the aúditor and the court would not be reversed.</p>