Pearlman Appeal

163 A.2d 530, 400 Pa. 350, 1960 Pa. LEXIS 346

Opinions

Opinion

Per Curiam,

This is an appeal from the order of the lower Court dismissing appellant’s amended petition to remove the guardian of his estate on the ground that he had become competent.

The Incompetents’ Estates Act of 1955, re-enacted and amended July 11, 1957,* provides; “Section 321 . . . The court shall have exclusive power to remove a guardian when ... (6) the incompetent of whose estate he is guardian is adjudged competent.” “Section 323. Adjudication of competency. The court, upon petition and after such notice as it shall direct, may find, after a hearing at which good cause is shown, that a person previously adjudged incompetent has become competent.”

The Incompetents’ Estates Act of 1955 has recently been ably analyzed by Mr. Justice Benjamin R. Jones in Myers Estate, 395 Pa. 459, 150 A. 2d 525, and further analysis is unnecessary.

We find no clear abuse of discretion nor error of law in the order, which is affirmed on the opinion of Judge Sporkin.

Footnotes

*

P. L. 794, 50 PS §§3101-3801 (Supp. 1958). The short title of this Act is The Incompetents’ Estates Act of 1955. Even stranger', The Incompetents’ Estates Act of 1955 was enacted February 28, 1956, P, L. 1154. The 1957 Act re-enacted the so-called Act of 19.55 and amended it.