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]
OPINION BY MR. CHIEF JUSTICE BELL, May 25, 1965:
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.