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CRONAUER APPEAL. (06/11/57)

June 11, 1957

CRONAUER APPEAL.


Appeal, No. 8, Feb. T., 1957, from order of Court of Common Pleas of Luzerne County, May T., 1949, No. 335, in the matter of Anna Cronauer, an alleged weak-minded person. Order affirmed; reargument refused June 27, 1957.

COUNSEL

James Lenahan Brown, with him Joseph B. Farrell, for appellant.

No argument was made nor brief submitted for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 184 Pa. Super. Page 214]

OPINION BY GUNTHER, J.

This is an appeal from the refusal of the Court of Common Pleas of Luzerne County to release appellants from their responsibility for the care and maintenance of Anna Cronauer, an alleged weak-minded person.

The record discloses that Nicholas Cronauer died on January 23, 1949, leaving to survive him seven children, one of whom was Anna Cronauer. The decedent left two pieces of real estate here involved, being 138-142 Hill Street and 169-171 Park Avenue in the city of Wilkes-Barre. On March 31, 1949, a petition for the appointment of a guardian for Anna Cronauer was

[ 184 Pa. Super. Page 215]

    presented, alleging that she was unable to take care of her property and sought the appointment of a guardian for her estate. At or about the same time, a petition was also presented asking for the sale of the incompetent's one-seventh interest in the above real estate. On April 21, 1949, one of the appellants, Elizabeth Cronauer Gring, was appointed guardian of Anna Cronauer, and on the same day authorization was given to the guardian to join in a deed, together with the other six children of the decedent, in conveying the property above to appellants in fee simple. The consideration for said conveyance was the obligation of becoming responsible for the care and maintenance of the incompetent for and during her life. In May, 1956, appellants presented their petition seeking to be released from their responsibility for support and maintenance, alleging that their financial position has so changed since 1949 that they are unable to continue said support. They further alleged that the said incompetent is eligible for a grant from the Department of Public Assistance provided the brothers and sisters of the incompetent agree to release appellants and the court approve such release. To said petition was attached a joinder in which all the brothers and sisters agreed to release appellants from the obligation of support assumed and which prayed that the court below grant the release. The Department of Public Assistance indicated a willingness to give a grant to said incompetent provided the previous order requiring appellants to support her is vacated.

A hearing was held on said petition and on May 31, 1956, the court below denied the petition on the ground that there was no corresponding offer to return the property of the incompetent, without which it was powerless to order the release of appellants. From this order, appellants have taken this appeal contending

[ 184 Pa. Super. Page 216]

    that the court below has power to modify or revoke its ...


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