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KLEMOW ESTATE. (06/04/63)

June 4, 1963

IN RE KLEMOW ESTATE.


Appeal, No. 140, Jan. T., 1963, from decree of Orphans' Court of Luzerne County, No. 567 of 1961, in re estate of Louis Klemow, deceased. Decree affirmed.

COUNSEL

Henry A. Giuliani, with him Rocco Falvello, for appellants.

Martin D. Cohn, with him Laputka, Bayless, Ecker & Cohn, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Bell

[ 411 Pa. Page 137]

OPINION BY MR. CHIEF JUSTICE BELL

Louis Klemow died April 22, 1961, survived by his wife Bessie and six adult children. He left an estate of approximately $30,000. He bequeathed inter alia $1,000 to his wife, $9,000 to two named children, $500 to Azudas Israel Congregation of Hazleton, Pennsylvania, and his residuary estate to his six children. this is an appeal*fn* by Lucy Arman, sometimes referred to as Mrs. Arman, and by Susie Guba*fn* from the decree of the Orphans' Court of Luzerne County,

[ 411 Pa. Page 138]

    which disallowed several of their claims against the Estate of Louis Klemow, deceased.

Lucy Arman's Claims

For 18 years immediately preceding his death, Klemow and Mrs. Arman cohabited and were known in the community in which they resided as husband and wife. They occupied a five room apartment located on the second floor of the Valley Hotel, Nuremberg, Pennsylvania. This hotel was owned by Mrs. Arman. The hotel had a restaurant which was licensed to dispense alcoholic beverages, and a milk bar. Mrs. Arman contends (a) that the deceased was the sole owner of the milk bar and that he never paid rent for the occupancy of this part of her hotel which he used for his milk bar, and (b) that the deceased never paid for his apartment, or for his board and meals for 18 years, and (c) that he never paid for board, meals and personal care in the last six months of his illness.

Lucy Arman filed several claims totaling $13,916.95 against Klemow's Estate. Some of these claims were allowed and some were disallowed. Only two of her claims which were disallowed by the Orphans' Court are involved in this appeal, viz., (1) a claim in quantum meruit totaling $7,200 for "Milk Bar Rent Bed Board Room Meals Apartment and Milk Bar rent September 1943 to April 22, 1961 18 years Charge for 6 years @100.00 per month 1200 - 6 years 7200.00" and (2) another claim in quantum meruit totaling $2115. This last claim is apparently for board, meals and special care rendered decedent from November 9, 1960, the termination of his first hospitalization, to ...


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