Estate of Dahlem
Supreme Court of Pennsylvania
Appeal, No. 265, Oct. T., 1895, by the Mercantile Trust Company, from decree of O. C. Allegheny Co., June.T*, 1895, No. 50, dismissing exceptions to adjudication. Exceptions to adjudication. The facts appear in the report of Dablem’s Estate, Yost’s Appeal, supra, 444, and the opinion of the Supreme Court. Error assigned was in dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by Mr. Justice Mitchell,
The general facts of this ease, and the main question of distribution of the fund, appear in Dahlem’s Estate, Yost’s Appeal, supra, 444, opinion filed herewith, and need not be further discussed here. Two other points however are raised by this appeal of the administrator.
The mental capacity of the decedent at the time he executed the mortgage was a question of fact, and we see no good ground to differ with the conclusion of the' auditing judge upon it. The decedent was in a weak state both bodily and mentally at *456the time of execution,’ but the contract had…
2Cases cited5 opinions
- Kelly v. RosenstockCourt of Appeals of Maryland · 1876
- Cover & Wife v. ManawaySupreme Court of Pennsylvania · 1887
- Ross & Company's AppealsSupreme Court of Pennsylvania · 1884
- Hornbeck v. Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1879
- Myers v. BoydSupreme Court of Pennsylvania · 1881
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