BRABHAM v. TURNER et al

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Docket Number

10764

Attorney(S)

Messrs. E.H. Henderson and Brown Bush, for appellant, cite: Presumption of gratuitous service to a near relative: 34 S.C. 255; 37 S.C. 169; 38 S.C. 167; 67 S.C. 243; 80 S.C. 160; 103 S.C. 378; 113 S.C. 222; 18 Cyc., 412; 40 Cyc., 2815, 2816, 2823; 28 R.C.L., 677. To rebut presumption it must appear that there was an express contract or that deceased had assumed a legal obligation to pay: 34 S.C. 255. Where services are originally rendered gratuitously they cannot afterwards be made a charge: 2 Bay, 103. Messrs. Carter, Carter Kearse, for respondent, cite: Implied promise to pay: 34 S.C. 256; 113 S.C. 224. Contract to pay may be implied: 67 S.C. 245; 53 S.C. 386; 103 S.C. 377. Relationship not such as to raise presumption that board was gratuitous: 38 S.C. 168; 113 S.C. 222; 2 Bail., 310. Concurrent findings of Probate Judge and Circuit Judge should not be disturbed: 13 S.C. 42.

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Cites

Citation Codes

Equivalent Citations

citation codes

Docket Number

10764

Attorney(S)

Messrs. E.H. Henderson and Brown Bush, for appellant, cite: Presumption of gratuitous service to a near relative: 34 S.C. 255; 37 S.C. 169; 38 S.C. 167; 67 S.C. 243; 80 S.C. 160; 103 S.C. 378; 113 S.C. 222; 18 Cyc., 412; 40 Cyc., 2815, 2816, 2823; 28 R.C.L., 677. To rebut presumption it must appear that there was an express contract or that deceased had assumed a legal obligation to pay: 34 S.C. 255. Where services are originally rendered gratuitously they cannot afterwards be made a charge: 2 Bay, 103. Messrs. Carter, Carter Kearse, for respondent, cite: Implied promise to pay: 34 S.C. 256; 113 S.C. 224. Contract to pay may be implied: 67 S.C. 245; 53 S.C. 386; 103 S.C. 377. Relationship not such as to raise presumption that board was gratuitous: 38 S.C. 168; 113 S.C. 222; 2 Bail., 310. Concurrent findings of Probate Judge and Circuit Judge should not be disturbed: 13 S.C. 42.

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IN RE. ESTATE OF TURNER BRABHAM v. TURNER ET AL.

December 10, 1921. The opinion of the Court was delivered by

MR. JUSTICE WATTS.

This is an appeal from an order of his Honor, Judge Mauldin, sustaining the order of Probate Judge in allowing a claim of Dr. Brabham against the estate of Miss Turner for board and lodging and medical services; the contention being that the claim for board and lodging should not be allowed, as the same were furnished as a gratuity. The exceptions, four in number, are overruled under the authority of Dash v. Inabinet, 53 S.C. 386; 31 S.E., 297; Wessinger v. Roberts, 67 S.C. 245; 45 S.E., 169; and Kaminer v. Kaigler, 113 S.C. 225; 102 S.E., 20.

Judgment affirmed.

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IN RE. ESTATE OF TURNER BRABHAM v. TURNER ET AL.

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