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PEARLMAN APPEAL. (06/29/60)

June 29, 1960

PEARLMAN APPEAL.


Appeal, No. 183, Jan. T., 1960, from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1953, No. 8606, in re Justin Pearlman. Order affirmed.

COUNSEL

Joseph S. Lord, III, with him Meyer A. Bushman, for appellant.

Marvin Comisky, for guardian of the ward, appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Per Curiam

[ 400 Pa. Page 351]

OPINION PER CURIAM.

This is an appeal from the order of the lower Court dismissing appellant's amended petition to remove the guardian of his estate on the ground that he had become competent.

The Incompetents' Estates Act of 1955, re-enacted and amended July 11, 1957,*fn* provides: "Section 321... The court shall have exclusive power to remove a guardian when... (6) the incompetent of whose estate he is guardian is adjudged competent." "Section 323. Adjudication of competency. The court, upon petition and after such notice as it shall direct, may find, after a hearing at which good cause is shown, that a

[ 400 Pa. Page 352]

    person previously adjudged incompetent has become competent."

The Incompetents' Estates Act of 1955 has recently been ably analyzed by Mr. Justice BENJAMIN R. JONES in Myers Estate, 395 Pa. 459, 150 A.2d 525, and further analysis is unnecessary.

Disposition

We find no clear abuse of discretion nor error of law in the order, which is affirmed on the ...


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