In re Roberts' Estate

• Decision Date: 07 January 1901
• Parties: In re ROBERTS' ESTATE.
• Court: Pennsylvania Supreme Court

47 A. 987
197 Pa. 621

In re ROBERTS' ESTATE.

Supreme Court of Pennsylvania.

Jan. 7, 1901.

Appeal from court of common pleas, Washington county.

In the matter of the estate of George W. Roberts, an habitual drunkard. From a decree of March 21, 1900, reinstating the commission, inquisition, and appointment of committee, said Roberts appeals. Affirmed.

The proceedings originated by a petition in March, 1899, for inquisition, resulting in decree of April 3, 1899, appointing a committee for said Roberts. Thereafter, on petition to supersede, the court rendered the following decree:

"And now, May 15, 1899, after a hearing

47 A. 988

upon the petition of George W. Roberts, filed May 12, 1899, at which hearing testimony was given by the committee of the petitioner, by his wife and by other witnesses, the court is of opinion and finds, from the proofs submitted (including medical testimony), that the petitioner, George W. Roberts, has abandoned the use of intoxicating liquors, and become habitually sober, and that he is now in a sound state of mind, and competent to transact business, and manage, control, and care for his property; wherefore (considering, in view of the limited time that has elapsed as a test of the permanence of his reformation, that it would not be proper as yet altogether to supersede and determine these proceedings), the court do order and decree that the commission issued in this case, and the inquisition taken thereon, and the appointment of the committee and all proceedings relating thereto, be, and they are hereby, suspended until the further order of the court, and that from this time, and until such further order, the said petitioner shall have and exercise all the powers, authority, control, rights, and privileges that he would be entitled to have and exercise if the inquisition and proceedings hereby suspended had not been had. It is further ordered that the committee, hereby suspended, do file an account of the business transacted by her to this date."

John C. Bane and D. F. Patterson, for appellant.

T. F. Birch, for appellees.

PER CURIAM. The appellant's counsel do not question the validity of the proceedings which resulted in his confinement, and the appointment of a committee charged with the custody and care of his person and property...