Weller v. Weller

Citations

• 213 Pa. 265
• 62 A. 859
• 1906 Pa. LEXIS 461

Syllabus

<p>Husband and wife — Desertion—Evidence—Burden of proof — Act of May 4, 1855, P. L. 430 — Party dead.</p> <p>In an action of ejectment where the question involved is whether a husband had wilfully and maliciously deserted his wife for one year prior to her death so as to deprive him of his curtesy, as provided by the Act of May 4, 1855, P. L. 430, the burden is on the husband to show a reasonable and lawful cause for the desertion. If the husband shows that he had made repeated attempts to effect a reconciliation with his wife, but had been repeatedly repulsed, had been locked from his house, and notified by his wife not to continue his visits, a verdict and judgment in his favor will be sustained.</p> <p>In such a case a witness for the plaintiff may be permitted to testify to a conversation not in the presence of the deceased wife, where the purpose of the testimony is to contradict a son of the plaintiff who was one of the parties defendant.</p>