Supreme Court of Pennsylvania, 1851

Guthrie's Appeal

Guthrie's Appeal
Supreme Court of Pennsylvania · Decided June 16, 1851 · Bell
16 Pa. 321; 1851 Pa. LEXIS 97

Guthrie's Appeal

Opinion of the Court

The opinion of the court was delivered June 16, by

Bell, J.

The conclusion arrived at by the court below is obviously a just deduction from the evidence given and the law applicable to the- facts proved. The reasons given by the judge who pronounced the decision are so far satisfactory that I deem it unnecessary to add any thing to his argument, save a reference to Eckstein’s case, 2 Pa. Law Jour. 138, approved by this court in Wright’s Appeal, 8 Barr 57, both of which harmonize with and enforce the general view taken below of the extent of protection to which the person and estate of a lunatic are entitled.

Were it necessary to support the decree, I think it might be assumed the law would, from the circumstances proved, imply a tacit agreement on the part of the appellant to keep and maintain his father for the yearly sum assigned by the court for that purpose. Indeed I cannot well see how such a presumption is to be evaded, if any regard be due to probabilities.

Decree affirmed.

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