126 Pa. 404 | Pa. | 1889
Opinion,
The learned auditor and court below have both found that the family relation existed between Carrie Barhite and her grandfather, the testator, and that there was no express'contract by which she was to be paid for her services. Under such circumstances it would require a very strong ease, a clear mistake, to justify us in reversing their findings of fact. So far from there being a mistake in this. instance, we think the findings referred to are sustained by the evidence- It is true the testator, whose wife was deceased, and who was an old
This belongs to a class of cases which we do not feel disposed to encourage, and in its own facts, furnishes a sufficient reason why we should not do so. Here we have the case of a farmer’s daughter, who at her grandfather’s request, makes her home with him and keeps his house. The two were living together, in a small frugal way, on a little place of ten acres. She takes care of his house, and sometimes does the chores out of doors. She has her home with him and he pays her expenses, such as were incident to her condition in life. At the end of nine years the grandfather dies and his granddaughter claims for her services the sum of $8,675 which was promptly paid by her father, who was the executor. No credit was given for her support, clothing or other expenses. Yet, strange to say, this marvelous result would seem to be justified, as to the value of her services, by the testimony of a number of apparently respectable witnesses. Their testimony, however, is chiefly valuable as a curious illustration of the extreme liberality in which some persons indulge with the money of other people. Notwithstanding what the witnesses say, every person of average intelligence knows that this girl could not have made and saved one fourth of that sum in nine years, in any honest employment which she would be likely to obtain.
We find no error in the ruling of the court in regard to the accountant’s commissions. He claimed six per cent, upon the personal estate, including an advancement of $5,000, for which there was nothing to do but take a receipt. He also claimed commissions on the sum of $4,337.27, in which he was indebted to the estate. The auditor and court below disallowed commissions on these two items, and reduced the commissions on the residue to five per cent. Under all the circumstances, this was liberal. The estate was large, there were no debts worth' speaking of, and no complications. The estate could have been distributed in kind between the legatees — the accountant and his two brothers — without delay or risk. Without desiring to criticise the conduct of the accountant unduly, he appears to have been actuated by a desire to make all he could
Nor was it error to put the costs of the audit upon the accountant. The audit was rendered necessary by his own unfounded charges.
The decree is affirmed, and the appeal dismissed at the costs of the appellant.