Shubart's Estate

Supreme Court of Pennsylvania
Shubart's Estate, 154 Pa. 230 (Pa. 1893)
26 A. 202; 1893 Pa. LEXIS 874
Dean, McCollum, Mitchell, Sterbett, Williams

Shubart's Estate

Opinion of the Court

Per Curiam,

The correctness of the decree in this ease is so fully vindicated in the clear and exhaustive opinion of the learned president of the orphans’ court that little if anything can be profitably added thereto. His findings of fact are very full, and methodically presented, and an examination of the record has satisfied us that the legal questions arising thereon have been justly and equitably determined. There appears to be nothing in either of the specifications of error that calls for extended comment, or that would justify either a reversal or modification of the decree.

The testator’s invalid daughter, Sarah, appears to have been the object of his special solicitude. He accordingly provided, for her benefit, a secured fund of twenty-five hundred dollars, the interest of which, at six per cent, appears to have been intended as compensation for her “ boarding, washing, mending and clothing.” While this was a small amount for that purpose, the testator doubtless regarded it as sufficient while enjoyment of her ordinary health continued. He further provided: “ After the death of my daughter Sarah, after all expenses and her funeral expenses be paid, the remainder of the two thousand five hundred dollars .... shall be equally divided,” etc. This evidently contemplates that extraordinary expenses, incident to Sarah’s last illness, and her funeral expenses shall be paid out of the corpus of the fund.. It is only what may remain, “after all expenses and her funeral expenses be paid,” *242that he directs to “ be equally divided,” etc. It so happened that Sarah’s last illness was long continued, and her utterly helpless condition, during that time, was such as to necessitate extraordinary services and attention. The amount allowed for those services is undoubtedly very reasonable, and the appellants have no just reason to complain.

The decree is affirmed on the opinion of the learned president of the orphans’ court, and the appeal is dismissed with costs to be paid by appellants.

Reference

Full Case Name
Shubart's Estate. Walborn's Appeal
Cited By
7 cases
Status
Published
Syllabus
Will — Legacy charged on land for support of child. Testator charged on land devised to a son twenty-five hundred dollars, the interest on which at six per cent was to be used for the “ boarding, washing, mending and clothing ” of an invalid daughter of testator. It was further provided that “after the death” of the daughter “after all expenses and the funeral expenses be paid, the remainder of the twenty-five hundred dollars shall be equally divided” among testator’s other children. The daughter was an idiot without power of speech, and three years and a half before her death she was stricken with paralysis, becoming totally helpless and blind. During a period of some six years she lived with her brother, who eared for her, and at her death buried her. During the whole period that she lived with him he received one hundred and fifty dollars a year from the owner of the land charged with the legacy. Held, that the brother was entitled to receive, out of the principal of the legacy, three dollars a week for one hundred and eighty-two weeks nursing and personal attendance on his sister, and also the sums which he had expended for her burial and medical attendance. Services — Change of condition — Beceipt—Estoppel. The receipt of the interest on the legacy will not estop the claimant from recovering a quantum meruit for the duties and labors which were imposed by the changed condition and not contemplated by the claimant when he took his sister to care for her. Family relationship — Presumption. Where the parties are brother and sister and the brother claims compensation for the services, the burden of showing family relationship or other cause to exclude the implication of .a promise to pay for services is on the sister or her trustee.