Appeal from decree of Court of Common Pleas, Orphans' Court Division, of Montgomery County, No. 70615, in re estate of Gertrude D. Widener, an alleged incompetent.
Richard P. Brown, Jr., with him William T. Dyer, and Morgan, Lewis & Bockius, for appellants.
H. Ober Hess, with him Benjamin R. Neilson, and Ballard, Spahr, Andrews & Ingersoll, for appellees.
Philip A. Bregy, with him MacCoy, Evans & Lewis, for appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Jones. Mr. Chief Justice Bell did not participate in this decision.
The Orphans' Court Division of the Court of Common Pleas of Montgomery County adjudicated Gertrude D. Widener to be an incompetent and appointed
the Provident National Bank of Philadelphia as guardian of her estate.*fn1 From that decree an appeal was taken to this Court by the incompetent's two natural children.*fn2
The sole issue on this appeal is the propriety of the appointment of the Provident National Bank as guardian of the incompetent. Appellants' contention is that the Provident National Bank, although a competent corporate guardian, nevertheless potentially at least had a conflict of interests which should preclude its appointment.
On February 3, 1970, Gertrude D. Widener, the incompetent, died, and the necessity for a guardianship of her estate has now terminated.*fn3 Under the circumstances, the issue raised on this appeal has been rendered moot and the appeal must be dismissed.
Even though the appeal is now rendered moot, we deem it necessary to comment upon a matter which occurred in the course of the incompetency proceedings below.
Under the rules of court of the Orphans' Court Division of the Court of Common Pleas of Montgomery County, the testamentary writings of a person adjudged to be incompetent are impounded and filed with the court. Such a rule is salutary and protective of the ...