Hoffman's Estate
Supreme Court of Pennsylvania
Appeal, No. 54, Jan. T., 1904, by Kate- F. Leñare, from decree of O. C. Erie Co., Nov. T., 1903, No. 19, dismissing appeal from Register of Wills in estate of Edward Hoffman, deceased. Appeal from register of wills.
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Appeal, No. 54, Jan. T., 1904, by Kate- F. Leñare, from decree of O. C. Erie Co., Nov. T., 1903, No. 19, dismissing appeal from Register of Wills in estate of Edward Hoffman, deceased. Appeal from register of wills. Walling, P. J., stated the facts to be as follows : Edward Hoffman made his last will on July 31, 1902, and in December, 1902, his daughter instituted proceedings in the court- of common pleas of Erie county to have him declared of weak mind under the Act of June 25, 1895, P. L. 300, entitled “ An act for the protection of persons unable to care for their own property.” In which…
1Opinion of the Court
Opinion by
Mb. Chief. Justice Mitchell,
The Act of June 25, 1895, P. L. 300, is in pari materia with the lunacy acts, and should receive a construction upon the same general lines. It is entitled “ An act for the protection of persons unable to care for their own property,” and establishes a legal status or condition, intermediate between normal mental capacity and insanity or idiocy, a state of weak or enfeebled mind, neither mens sana nor non compos mentis. This is a condition previously recognized in the law in regard to the* question of undue influence in the making of wills, now…
2Cited by35 opinions
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