Mitchell v. Spaulding

Citations

• 20 Pa. Super. 296
• 1902 Pa. Super. LEXIS 227

Syllabus

<p>Lunacy —Inquisition—Effect of the return — Contract—Act of June 18, 1836, P. L. 592.</p> <p>The effect of the return of an inquisition finding the subject of the inquiry a lunatic is to take out of the hands of the person so found to be incapacitated the control and management of ail properly. He cannot, so long as the finding of the inquisition remains unreversed, make any contract involving his estate. The finding of the inquisition, after its return, is conclusive of the question of the capacity of the alleged lunatic until revoked.</p> <p>Lunacy — Sale of real estate pending traverse — Notice to next of kin.</p> <p>The various provisions of the Act of June 13, 1836, P. L. 592, give to the court of common pleas jurisdiction to decree, in a proper case, a sale of the real estate of an alleged lunatic after a return of an inquisition finding him to be insane, and during the pendency of a traverse; but no such sale can be decreed unless notice of the intended application is given to the next of kin of the lunatic capable of inheriting the estate. If the next of kin is a minor, some one competent to represent him must be appointed. Service upon the father of the minor, who is not the guardian of the minor, nor of the blood of the alleged lunatic, is insufficient.</p>