Yocum's Estate

Citations

• 242 Pa. 82
• 88 A. 919
• 1913 Pa. LEXIS 841

Syllabus

<p>Husband and wife — Loan by wife to husband — Bond to trustee— Act of April 15,1851, P. L. 669 — Presumption of payment.</p> <p>Where a wife has loaned money to her husband, who has given a bond to a trustee to secure the repayment of such money, under the Act of April 15, 1851, P. L. 669, the transaction assumes the form of a contract equally binding on both parties, and is, like other contracts, subject to the statute of limitations and the presumption of payment. Where, therefore, such a bond, which has been due more than twenty years, is presented against the estate of a husband by the executor of the wife’s estate, the presumption of payment applies, and in the absence of evidence to rebut it, the claim will be’ disallowed.</p>