167 A. 616 | Pa. Super. Ct. | 1933
Argued April 17, 1933. Cora A. McGinnis died testate on November 2, 1929. She devised and bequeathed all her property to her husband and appointed him executor. He died a short time prior to his wife. Her sisters, Jennie M. Henry and Sarah Alice Repp, were appointed administratrices, c.t.a., and filed their first and final account.
The appellee presented a claim for $1,290 for nursing *250 and caring for the deceased wife from March 4, 1926, to September 26, 1929. The claim was allowed, and this appeal followed.
The testimony establishes that Johnson S. McGinnis, the husband, requested the appellee to take care of his wife, who was mentally infirm and needed attention, and that he would pay for her services.
The learned court below recognized the rule laid down in Gilbraith's Est.,
It clearly appears that it was upon the statements of the husband only, that he intended to pay for these services, that this claim is based. There is not an iota of evidence that they were rendered at the request of *252 the wife or on the credit of her estate. Notwithstanding the statement in the opinion of the court that the husband's estate was insolvent, the claim was improperly allowed.
The decree of the court below is reversed, and distribution of the funds in the hands of the administratrices directed to be made in accordance with this opinion. Costs of this appeal to be paid by appellee.