BRABHAM v. TURNER et al

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.