Polt v. Polt

Citations

• 205 Pa. 139
• 54 A. 577
• 1903 Pa. LEXIS 531

Syllabus

<p>Equity — Fraud-—Mental incapacity — Parent and child.</p> <p>On a bill in equity by a father eighty years old against a son to compel the repayment of a sum of money which constituted the father’s entire estate, and for which the father had given his son a cheek, a decree in favor of the plaintiff will not be reversed where the court below found from ample evidence and from personal observation of the plaintiff in court, that the latter at the date of the transfer lacked mental capacity to transact business, and did not comprehend the nature and consequences of his act. In such a case it is proper for the court to order that the money should be paid to a guardian of the father who had been appointed after the equity suit was instituted.</p>