Shadle's Estate

Citations

• 30 Pa. Super. 151

Syllabus

<p>Evidence — Witness—Party dead — Cross-examination—Relevancy of testimony — Decedents’ estates.</p> <p>Where a surviving party to a contract has been called for cross-examination as to matters occurring in the lifetime of the decedent, he becomes a fully competent witness as to other relevant matters, whether occurring before or after the death of the decedent; and this is the case although the cross-examination as to matters occurring in the decedent’s lifetime was neither very extended nor very important.</p> <p>The Act of May 23, 1887, P. L. 158, does not change the common-law rule that a party calling and examining generally an incompetent witness, and having the benefit of his testimony, cannot object to his competency when called by the other side as to other relevant matters.</p> <p>If the witness is called for cross-examination, he may testify generally as to other relevant matters, although such matters were not touched upon in his cross-examination.</p> <p>Where an administrator is sought to be surcharged by a guardian, and the administrator has been called for cross-examination as to certain matters occurring in the lifetime of the decedent, he may testify on his own behalf that he took his father, the decedent, and one of the minors to live with him, and that the father promised that he would pay board for himself and the minor; and this is the case although the subject of board money was not referred to' in the cross-examination of the administrator.</p> <p>In such a case if the administrator’s testimony is supported by the testimony of two other witnesses as to declarations made to them by the decedent, a finding by an auditor confirmed by the court below, that a contract to pay board was made, will not be disturbed by the appellate court.</p> <p>A contract to pay for services or boarding may be express and binding, although the amount is not defined. If the sum be not expressed, it will be implied to be the value.</p> <p>An appellate court will not