In Re Estate of Hain
In Re Estate of Hain
Opinion of the Court
OPINION OF THE COURT
Appellee the Young Men’s Christian Association of Reading and Berks County filed a claim against the estate of decedent Jacob L. Hain for the unpaid balance of a pledge made by decedent to appellee’s swimming pool construction fund. The Orphans’ Court Division of the Court of Common Pleas of Berks County determined that decedent had contracted to contribute $100,000, and the
Appellee asserts that appellants, as executors, lack standing to challenge the decree of the orphans’ court.
The right to appeal a decree of the orphans’ court is conferred by section 792 of the Decedents, Estates and Fiduciaries Code, 20 Pa.C.S. § 792 (Supp. 1975), which provides in pertinent part:
*352 “Any party in interest who is aggrieved by a final order or decree of the orphans’ court division, or a fiduciary whose estate or trust is so aggrieved, may appeal therefrom to the proper appellate court. ”4
Claims against a decedent’s estate must be established by clear, direct, and convincing evidence. Moore Estate, 439 Pa. 578, 266 A.2d 641 (1970); Nicolazzo Estate, 414 Pa. 186, 199 A.2d 455 (1964); Gadola Estate, 410 Pa. 250, 188 A.2d 744 (1963); Secary Estate,
On February 25, 1970, decedent attended a meeting of appellee’s executive committee to consider plans for the construction of a swimming facility. The committee had instructed its architects to design a project which could be completed for $700,000, but the lowest bid received, which included only a “roughed-in” locker room and spectators’ gallery, totalled $800,000. The committee concluded that an expenditure in excess of $700,000 could not be justified and discussed elimination of the locker room and spectators’ gallery as a probable alternative. At that point decedent made the statement which is the subject of this litigation.
Appellee presented four witnesses who attended the February 25, 1970 meeting. Two of the witnesses quoted decedent as saying that he would “guarantee” the additional $100,000. Another witness testified that decedent had said that he would be “responsible” for the $100,000. The last witness testified that he recalled decedent “say
Several months after the meeting, decedent and an official of appellee discussed decedent’s pledge. Decedent assured this official that the money would be paid and made no suggestion that his obligation was in any way conditional. Moreover, decedent made two payments toward the $100,000 pledge. One such payment of $600.62 was made in January, 1971, and the other totalling $5,-000, was made in January, 1972, just a few months before his death in April, 1972.
The orphans’ court found: (1) that decedent’s statement constituted an offer to give $100,000 to appellee if appellee would construct the pool facility with the roughed-in locker room and spectators’ gallery areas; (2) that the offer was accepted by appellee; and (3) that appellee completed its obligations by contracting on March 12, 1970, for construction of the pool facility in accordance with the conditions attached to decedent’s offer. The pool was constructed and completed in 1971.
Appellants emphasize that appellee’s witnesses used different words in recounting what decedent said at the meeting and that the testimony has several possible interpretations. Decedent might have obligated himself merely to lead a more vigorous fund raising drive.
Decree affirmed. Each party pay own costs.
. The award was made by nisi decree dated May 16, 1974. Appellees, as executors under decedent’s will, filed exceptions. On August 30, 1974, the orphans’ court dismissed the exceptions and confirmed the decree absolutely.
. See Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, No. 223, art. II, § 202, 17 P.S. § 211.202(3) (Supp. 1975).
. This issue was raised but was not decided by the orphans’ court.
. The language in this section is identical to the language of the statute which it replaced, the Act of August 10, 1951, P.L. 1163, art. VII, § 771 (formerly codified as 20 P.S. § 2080.771 (1964) repealed by § 3 of the Act of June 30, 1972, P.L. 508, which enacted the Decedents, Estates and Fiduciaries Code).
. This case is therefore distinguishable from those which involved a stale claim or a claim which was not made to decedent during his lifetime. See Nicolazzo Estate, supra.
. Decedent was a co-chairman of the fund raising committee for the pool project.
Dissenting Opinion
(dissenting).
I dissent. Not one of the witnesses claims to have heard decedent promise to give $100,000. They used words such as “guarantee,” “be responsible for,” or “see to it that another $100,000 was raised.” This type of language does not clearly reflect an unconditional promise to give. The more likely interpretation is that if needed he would see that the $100,000 was obtained in some way. At best, the language is subject equally to both interpretations and does not satisfy the burden of being clear, direct and convincing evidence of an offer to give $100,000. Under these circumstances, recovery by appellee required proof that the $100,000 was never obtained from any source.
Reference
- Full Case Name
- In Re ESTATE of Jacob L. HAIN. Appeal of Mary McQuay HAIN and American Bank and Trust Company of Pennsylvania, Executors and Trustees Under the Will of Decedent
- Cited By
- 13 cases
- Status
- Published