Decedents' estates — Claims — Personal services — Evidence — Sufficiency — Promise of decedent — Agreement — Periodic payments — Presumption — Payment after conclusion of services.
1. In an action against the executor of a decedent's estate to recover for board and lodging furnished decedent in his lifetime, in which plaintiff averred, and offered in evidence, a writing by which decedent agreed to pay plaintiff a specified weekly sum for board and lodging for every week that he stayed with her, the same to be paid out of his estate at the time of his death, provided he remained with her until death, and, if not, to be paid by him immediately after leaving her room and board, and in which the trial court charged that plaintiff's claim must be proved by the weight and preponderance of the evidence, and that in cases of this kind there must be clear, distinct and satisfactory evidence of the contract between the decedent and the plaintiff, it was Held that the charge did not constitute reversible error. [320-2]
2. The presumption of periodic payments, ordinarily applied in an action against a decedent's estate for domestic services or for board and lodging furnished the decedent, is not applicable where the services were rendered under a contract which provided for a single payment to be made at a specified time after conclusion of the services. [323-4]
Statute of limitations — Personal services — Promise to pay after termination.
3. Where personal services are rendered pursuant to a contract which provides for payment at a specified time after conclusion of the services, the statute of limitations does not begin to run until the time set for payment. [322-3]
Argued April 13, 1944.
PER CURIAM, June 30, 1944:
The judgment is affirmed on the opinion of the court below.