Opinion

Weightman's Estate

  • 126 Pa. Super. 221
  • 190 A. 552
  • 1937 Pa. Super. LEXIS 397
Court
Superior Court of Pennsylvania
Filed
Nov 13, 1936
Status
Published
Author
Keller
On the bench
Keller, Cunningham, Baldrige, Stadteeld, Parker, James, Rhodes
Cited by
13 cases

explaining that services provided to incompetent by attorneys and medical experts, in good faith, in course of habeas corpus proceedings instituted to secure release of incompetent from state hospital may, in exercise of sound discretion by auditing judge, be considered necessaries properly chargeable in reasonable amount to incompetent’s estate, regardless of whether incompetent is released from state hospital

How later courts described this case

  • explaining that services provided to incompetent by attorneys and medical experts, in good faith, in course of habeas corpus proceedings instituted to secure release of incompetent from state hospital may, in exercise of sound discretion by auditing judge, be considered necessaries properly chargeable in reasonable amount to incompetent’s estate, regardless of whether incompetent is released from state hospital

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Keller, P. J.:

While the weak-minded person was entitled to his writ of habeas corpus and a hearing thereon, it does not follow that his estate, which is in custodia legis, is responsible for the payment of the attorneys and doctors who may have acted on his behalf. If it were so, this

*229

particular weak-minded ward could quickly dissipate Ms estate. The court was familiar with his unbalanced actions and was justified in refusing to allow his estate to be thus depleted. I would affirm the order.

Judge Baldrige joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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