Brose's Estate

Supreme Court of Pennsylvania
Brose's Estate, 155 Pa. 619 (Pa. 1893)
26 A. 766; 1893 Pa. LEXIS 1294
Dean, Green, Mitchell, Sterrett, Williams

Brose's Estate

Opinion of the Court

Per Curiam,

The facts of this case, as well as the questions arising thereon, are sufficiently presented in the report of the learned auditor and opinion of the court disposing of the exceptions thereto. An examination of the record has failed to convince us that there is anything in either of the nine specifications of error that would warrant a reversal or modification of the decree. We have no doubt the appellant has been inadequately compensated for the boarding, washing and taking care of the deceased, but that is the result of his own improvident contract. That contract appears to have been clearly established; and, of course, it stood in the way of such additional allowance as he otherwise would have been entitled to.

For reasons given in the opinion, of the learned judge of the orphans’ court, disposing of exceptions to the auditor’s first report and recommitting the same for correction, etc., we think there was no error in confirming the amended report of the auditor.

Decree affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name
Brose's Estate. Grove's Appeal
Cited By
5 cases
Status
Published
Syllabus
Decedents' estates—Claim, for services—Board and washing. Where the evidence shows an express contract by which claimant to furnish board and washing to the decedent for fifty dollars a year, further allowance can be made for such services, although the compensa-j tion was clearly inadequate. Evidence—Witness—Party dead—Act of May 23, 1887. Under the act of May 23, 1887, P. L. 158, persons interested in the estate of a decedent are competent to testify against a claim for services rendered to decedent, as to declarations made by claimant.