159 Pa. 590 | Pa. | 1894
Opinion by
As was well said in Carpenter v. Plays, 153 Pa. 432: “ Claims against a dead man’s estate which might have been made against himself while living, are always subjects of just suspicion, and our books, from Graham v. Graham, 34 Pa. 475, to Miller’s Ap., 136 Pa. 239, 249, are full of expressions by this court of the necessity of strict requirement of proof, and the firm control
It is conceded that, shortly after decedent’s marriage to appellant’s daughter, the former bought the house and lot, from the sale of which the fund for distribution was raised. At the settlement for that purchase, superintended by William E. Knowles in the office of the German American Title & Trust Company, on or about the 5th of November, 1888, appellant handed Mr. Knowles $1,200, which was used in'payment of the purchase money; but whether this was the money of appellant or of the decedent, or whether it was a loan or a gift, there is no competent evidence. It is claimed that the fact of producing and handing over the $1,200 by appellant, and its use as part of the purchase money for the house, to which the decedent was about taking title, made out a prima facie claim against the estate; but we cannot so regard it. Nor do we think it was competent to supplement such evidence by proving that appellant, when he handed the $1,200 to Mr. Knowles, said he was loaning same to his son-in-law to assist him in buying the house, etc., unless it was also shown that this was said in the presence and in the hearing of the decedent. The testimony of Mr. Knowles not only leaves it in doubt whether the decedent was even present when said statement was made by appellant; but, aside from that, there is nothing in his testimony that would warrant the inference that, if present, decedent heard and by his silence impliedly assented to the correctness of the statement so made. In answer to the question, whether he was sure decedent “ was there at that time,” Mr. Knowles answered : “ I could not say positively; there are so many people there in the morning in the settlement department, eight or ten a day.”
For these and other reasons given by the court below we are satisfied the conclusion there announced is correct, and the decree should be affirmed.
Decree affirmed and appeal dismissed, with costs to be paid by appellant.