McCahan's Estate
McCahan's Estate
Opinion of the Court
Opinion by
The principal question raised by this appeal is whether the evidence produced before the auditing judge was sufficient to establish a contract of employment and service alleged to have been entered into between the decedent, whose estate constitutes the fund for distribution in this proceeding, and the appellee, who presented her claim under such contract, and asked for an allowance of the same. The auditing judge and the court in banc have so found, and we concur in the views expressed and findings made by the learned judges who heard and determined the case in the court below. The contention as to the admissibility of declarations made by decedent to counsel and as to the proviso in the residuary clause relating to an attempt to contest the will, under the facts of this case, cannot be .sustained.
Decree affirmed, costs to be paid out of the estate.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Decedents’ estates — Contract—Claim for services — Allowance for services — Findings of fact — Attorney at law — Evidence—Contest. A finding of fact by an auditing judge of the orphans’ court based upon sufficient evidence and confirmed by the court in banc to the effect that' a claimant for services against a decedent’s estate had a contract •of employment with the decedent, will not be reversed in the absence of manifest error. An attorney at law may testify as to declarations made by decedent in reference to a contract of employment which decedent had made with a niece, and that decedent had instructed him to insert in a will, which he had subsequently drawn, certain terms of the contract of employment. Where a will directs that any of the legatees contesting or attempting to contest the will shall lose their legacies, a mere caveat will not be construed as a contest of the will.