Strock's Estate

Citations

• 56 Pa. Super. 32
• 1914 Pa. Super. LEXIS 34

Syllabus

<p>Husband and wife — Loan—Gift—Evidence—Presumption—Auditor’s findings of fact.</p> <p>1. A finding of fact by an auditor that a payment of money by a wife to her husband was a loan, and that the loan had not been repaid by the husband in his lifetime, will not be reversed if it is sustained by competent evidence, and there is no manifest error.</p> <p>2. Money paid a wife by the executors of her father’s estate and received by her husband will be presumed to be a loan from the wife to her husband.</p> <p>3. Checks given by a husband indebted to his wife, payable to the wife, will not be presumed to have been given in payment of the debt. They will rather be presumed to have been gifts, or if the husband was away from home at the time/they were drawn, for necessary family expenses.</p>