BURR ESTATE


381 Pa. 547 (1955)

Burr Estate.

Supreme Court of Pennsylvania.

May 4, 1955.


Attorney(s) appearing for the Case

Harry Bowytz, with him Bowytz & Bowytz, for appellants.

Bresci R.P. Leonard, with him Van der Voort, Royston, Robb & Leonard, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 4, 1955:

The appeal is from the allowance by an orphans' court of a claim for nursing and housekeeping. The single question is whether or not claimant overcame the presumption of periodic payments. A majority of the court ruled that she did. One Judge dissented.

At the audit the issue was beclouded by the inapt preliminary statement of counsel for claimant concerning the...

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