Polt v. Polt
Supreme Court of Pennsylvania
Appeal, No. 238, Jan. T., 1902, by defendant, from decree of C. P. Wayne Co., May T., 1901, No. 1, on bill in equity in case of John Polt v. Joseph Polt. Bill in equity to declare a trust. Ptjrdy, P. J., found the following facts and conclusions of law: BINDINGS OE EACTS.
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Appeal, No. 238, Jan. T., 1902, by defendant, from decree of C. P. Wayne Co., May T., 1901, No. 1, on bill in equity in case of John Polt v. Joseph Polt. Bill in equity to declare a trust. Ptjrdy, P. J., found the following facts and conclusions of law: BINDINGS OE EACTS. On September 4, 1900, the defendant obtained from the plaintiff a transfer of $1,635, from the plaintiff’s account in the Wayne County Savings Bank to that of his own, by means of a check given by the plaintiff, for this amount, without consideration. At'the time of this transfer the plaintiff, then eighty years of age, was…
1Opinion of the Court
Pee Cuetam,
The plaintiff is an old man of eighty years. He had on deposit in the Wayne County Savings Bank $1,635. On September 4, 1900, he transferred to his son Joseph Polt, this defendant, the full amount of this deposit. It constituted his entire estate; he had not a dollar left. Besides the son, he had a wife and daughter. The court below found on ample evidence, that the old man at the date of the transfer lacked mental capacity to transact business and did not comprehend the nature and consequences of his act. Besides the evidence of witnesses, tbe learned judge saw the father in court…
2Cited by4 opinions
- Beattie v. BowerMichigan Supreme Court · 1939
- Thomas v. HerringSupreme Court of Pennsylvania · 1914
- Deceder Estate, Pennsylvania Court of Common Pleas, Beaver County1950
- Morgan v. Continental Credit Corp., Pennsylvania Court of Common Pleas, Philadelphia County1947