Young v. Sweigart

Citations

• 69 Pa. Super. 525
• 1918 Pa. Super. LEXIS 125

Syllabus

<p>Evidence — Presumption—Death—Illegitimates.</p> <p>When any given status be once established, its continued existence is presumed until there be some proof or contrary presumption that -would warrant the conclusion it has ceased or been changed.</p> <p>Where a man has unexpectedly and without apparent reason left his home, his family, and has not been heard of for a period of seven years, his death will be presumed. But it is equally clear that the presumption of life will continue in full force until the whole period of seven years has elapsed.</p> <p>Where an illegitimate son is shown to be alive in 1875, and his mother dies intestate as to real estate in 1880, and there is no evidence whatever to show when the son died, it will be presumed that he was alive in 1880, and he will take, as of that date, her real estate under the intestate laws.</p> <p>Adverse possession — Evidence—Real estate — Illegitimates.</p> <p>Where the widow of an illegitimate son lives with her mother-in-law, in a house owned by the latter, and after the mother-in-law’s death, shares it for several years with a child who was one of the heirs at law of the mother-in-law, the widow, in the absence of evidence of ouster of the mother-in-law, cannot claim title to the house by adverse possession.</p>