Royer's Estate

Citations

• 217 Pa. 626
• 66 A. 854
• 1907 Pa. LEXIS 769

Syllabus

<p>Decedents’ estates — Promissory note — Findings of fact — Evidence— Want of consideration.</p> <p>Where a claim is presented against a decedent’s estate on a promissory note given by the decedent to the claimant as payee, checks of decedent dated prior to the making of the note are inadmissible as evidence of the payment of the note; and in such a case want df consideration for the note is not established by evidence that the decedent in giving the note to the payee said: “Here is something for you. I would give you 'the money for this, but my financial affairs are somewhat tied up. It will suit me a great deal better to give you this. Will it do just as well?” And that the payee said: “That is quite nice,” in a laughing way.</p> <p>A finding of fact by the orphans’ court that there was want of consideration for a promissory note given by a decedent to a woman, and that there was a meretricious relation between them, will be reversed where there is no evidence to support the findings.</p>