Harker's Estate

Citations

• 176 Pa. 19
• 34 A. 927
• 1896 Pa. LEXIS 1033

Syllabus

<p>Trusts and trustees — Lunacy—Interlocutory order.</p> <p>A fund belonging to a distributee was awarded by the orphans’ court to a trustee to hold until appropriate proceedings could be taken to secure the distributee’s interest. This award was based on a finding by the court that the distributee by reason of mental imbecility was incapable of managing her estate. The weak-minded distributee executed a deed appointing a trust company trustee of her estate. The decree of the orphans’ court was affirmed by the Supreme Court. Subsequently a petition was filed purporting to be the petition of the distributee praying that the fund should be awarded to the trust company appointed under the deed of trust. Citations were issued to the distributee’s sisters who were her next of kin. The sisters appeared and filed answers averring that the distributee did not comprehend the provisions of the deed of trust, nor desire that the fund should be awarded to the trust company named therein. The case was heard on bill and answer, and the court dismissed the petition. Held, (1) that the action of the lower court was without error; (2) that the fund should remain in the hands of the trustee to which it had been awarded under the decree of the orphans’ court, until proceedings should be had either under the act of June 13,1836, P. L. 589, or the act of June 25, 1895, P. L. 300, for an adjudication as to her competency to manage her own estate.</p>