Shenk's Estate

Citations

• 59 Pa. Super. 467
• 1915 Pa. Super. LEXIS 101

Syllabus

<p>Decedents’ estates — Claim against estate — Boarding and lodging— Contract — Evidence.</p> <p>Where at the audit of an executor’s account, it is established that a contract was made whereby decedent promised to pay to her son-in-law $100 a year for board and lodging, and that the services were performed, and the son-in-law claims for several years’ board and lodging, his claim will not be allowed where there is no competent testimony to determine what was the amount due, and the only witness for claimant is his daughter who testified that when she was nine years old her grandmother had $1,250 in bank certificates drawing four per cent interest, and that when she left claimant’s home she still had $1,105, but without any statement that the certificates were the decedent’s only source of income. In such a case the evidence is insufficient to overcome the presumption of payment.</p>