HORNER v. HORNER


719 A.2d 1101 (1998)

John E. HORNER, an Incapacitated Person, by His Limited Guardian, the PEOPLES NATIONAL BANK OF CENTRAL PENNSYLVANIA, Appellees, v. Kenneth E. HORNER, Appellant. Appeal of Barbara Devinney-Mills.

Superior Court of Pennsylvania.

Filed November 17, 1998.


Attorney(s) appearing for the Case

S. Paul Mazza, State College, for appellee.

Rodney A. Beard, State College, for Devinney-Mills, participating party.

Before JOHNSON, HUDOCK and HESTER, JJ.


JOHNSON, Judge:

In this appeal, we address the level of mental capacity required of a living donor to execute a gift of real estate. We conclude that sufficient capacity is shown where the donor demonstrates an intelligent perception and understanding of the dispositions made of property and the persons and objects he desires shall be the recipients of his bounty. Because we find, in this case, that the trial court applied an erroneous measure of capacity, we reverse...

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