Legal Opinion

Sill v. M'Knight

Supreme Court of Pennsylvania

Decided May 15, 1844PublishedCited by 7 opinions

ERROR to the Common Pleas of Bedford county. This was an action of ejectment by Samuel H. Bell, trustee of James M’Knight and others, heirs-at-law of Robert M’Knight deceased, against Daniel Sill and Frederick Brown.

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ERROR to the Common Pleas of Bedford county. This was an action of ejectment by Samuel H. Bell, trustee of James M’Knight and others, heirs-at-law of Robert M’Knight deceased, against Daniel Sill and Frederick Brown. James M’Knight, by inquisition found, was declared to be an habitual drunkard, and Samuel H. Bell was appointed his trustee; he was at the time the only surviving executor of his father’s estate, and subsequently, as such, under the powers in the will, sold and conveyed the land in question to the defendant, Daniel Sill. The only question in the cause was, whether by the decree…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

It must be admitted that the Act of 1819 with its amendments, and the Act of 1836 which supplanted it, have in terms put lunatics and habitual drunkards on a level, so far as concerns their own estates; but it must also be admitted that these statutes do not expressly declare a drunkard to be destitute of capacity to perform the office of executor or administrator, and that they create no general disability whatever. A party is found to be a lunatic or drunkard, to enable the court to appoint a *245guardian of his person, or a curator of his…

2Cited by7 opinions

  1. Watson AppealSupreme Court of Pennsylvania · 1954
  2. Beeson v. BeesonSupreme Court of Pennsylvania · 1848
  3. Appeal of MiskeySupreme Court of Pennsylvania · 1883
  4. Imhoff v. Witmer's AdministratorSupreme Court of Pennsylvania · 1858
  5. Saxe v. SaxeWisconsin Supreme Court · 1903

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