J. Garfield Houston, John G. Kish, Blaxter, O'Neill & Houston, all of Pittsburgh, for appellant.
Clyde A. Armstrong, William D. Sutton, Thorp, Bostwick, Reed & Armstrong, all of Pittsburgh, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Arnold, JJ.
[ 167 Pa. Super. Page 329]
In October, 1940, the Court of Common Pleas of Allegheny County appointed the Fidelity Trust Company guardian of the estate of John DuPuy, upon the petition of his wife, Alma DuPuy. The appointment was made under the Act of 1907, as amended, 50 P.S. § 941 et seq., on the allegation that he had become so 'mentally defective that he is unable to take care of his property, and in consequence thereof is liable to dissipate or lose the same, and to become the victim of designing persons.'
On May 14, 1948, DuPuy, averring that he had 'become able to care for his property,' petitioned the court to discharge the guardian and restore to him his real and personal property.
[ 167 Pa. Super. Page 330]
Even the evidence of the petitioner showed a series of mental derangements continuing into 1948, and usually accompanied with alcoholic excesses. The details need not be recited in full, but to the lay mind it seems apparent that he was mentally defective, and that designing persons had been victimizing him.
DuPuy and his witnesses gave evidence that he had not been drinking for some five months before the hearing, and that therefore his defective mind had been cured. But Mrs. DuPuy testified that he had been drinking in the hotel at Pittsburgh two days before the hearing.
The appellee called Dr. Henninger, a psychiatrist, who testified: '* * * one recognizes first that this man has had at least four episodes of insanity due to alcohol, four periods in which he was confused, hallucinated, imagined being followed, and hearing voices * * * in view of his past history in which there have been many periods longer than * * * [five months] of abstinence from drinking only to be followed by a relapse, I cannot feel that his change has been of sufficient duration for me to say he probably will not again resort to alcohol to the extent he might again become insane * * *.' (Italics supplied.)
In 1946 DuPuy left his wife in New York City and went to Canada. He there acquired a mistress, Rita Gendron, with whom he has since lived, and upon whom he has spent much money. She had an attorney in Montreal who had procured her a divorce. She took DuPuy to him for the purpose of having this guardianship terminated, and this attorney obtained a Canadian psychiatrist who had been his college roommate. At the hearing both expressed the opinion that DuPuy was able to take care of his property. All of the appointments with the ...