Supreme Court of Pennsylvania, 1965

Urquhart Estate

Urquhart Estate
Supreme Court of Pennsylvania · Decided May 25, 1965 · Bell, Brien, Cohen, Decree, Eagen, Jones, Musmanno, Roberts
418 Pa. 185; 210 A.2d 269; 1965 Pa. LEXIS 578

Urquhart Estate

Opinion of the Court

Opinion by

Mr. Chief Justice Bell,

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 man*186age 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.