Opinion
April 26, 1965.
May 25, 1965.
Words and Phrases — Incompetent — Incompetents' Estates Act of 1955.
1. "Incompetent" means a person who, because of mental infirmities of old age, mental illness, mental deficiency, or inebriety, is unable to manage his property, or is liable to dissipate it or become the victim of designing persons: Incompetents' Estates Act of 1955, P. L. 1154, § 102. [185-6]
Appeals — Review — Adjudication of incompetency.
2. An adjudication of incompetency will be affirmed in the absence of a clear abuse of discretion or error of law. [186]
Argued April 26, 1965. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 109, Jan. T., 1965, from decree of Orphans' Court of Chester County, No. 344 of 1964, in re estate of R. M. Urquhart, an alleged incompetent. Decree affirmed.
Petition for appointment of guardian of alleged incompetent. Before MacELREE, P. J.
Adjudication of incompetency entered and guardian appointed for incompetent. Incompetent appealed.
Isidor Ostroff, with him G. Clinton Fogwell, Jr., and Ostroff Lawler, for appellant.
Robert S. Gawthrop, with him Gawthrop and Greenwood, for appellee.
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 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.