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URQUHART ESTATE (05/25/65)

SUPREME COURT OF PENNSYLVANIA


decided: May 25, 1965.

URQUHART ESTATE

Appeal from decree of Orphans' Court of Chester County, No. 344 of 1964, in re estate of R. M. Urquhart, an alleged incompetent.

COUNSEL

Isidor Ostroff, with him G. Clinton Fogwell, Jr., and Ostroff & Lawler, for appellant.

Robert S. Gawthrop, with him Gawthrop and Greenwood, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell.

Author: Bell

[ 418 Pa. Page 185]

The Incompetents' Estates Act of 1955, P. L. 1154, re-enacted and amended July 11, 1957, provides, under "Definitions": "(3) 'Incompetent' means a person who, because of mental infirmities of old age, mental illness, mental deficiency, or inebriety, is unable to manage

[ 418 Pa. Page 186]

    his property, or is liable to dissipate it or become the victim of designing persons." See also: Coulter Estate, 406 Pa. 402, 405, 406, 178 A.2d 742.

Judge MacElree carefully analyzed the conflicting testimony, and after applying the test and proof of mental incompetency laid down in Coulter Estate, supra, and Myers Estate, 395 Pa. 459, 150 A.2d 525, (a) found and adjudged appellant incompetent, and (b) appointed a guardian for his estate. We have examined the record and find no clear abuse of discretion or error of law. Cf. Pearlman Appeal, 400 Pa. 350, 352, 163 A.2d 530.

Decree affirmed; costs to be paid out of the estate.

Disposition

Decree affirmed.

19650525

© 1998 VersusLaw Inc.



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