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Benscoter v. Benscoter

Superior Court of Pennsylvania
188 A.2d 859 (Pa. Super. Ct. 1963)


Mr. Benscoter (plaintiff) and Mrs. Benscoter (defendant) were married in 1946. The Benscoters had four children, all boys. In 1958, Mrs. Benscoter was diagnosed with multiple sclerosis (MS), an incurable, progressive disease. Mrs. Benscoter struggled with the disease as she had slurred speech, was only able to walk with assistance, and fell down often. In 1962, Mr. Benscoter filed for divorce. Mr. Benscoter alleged that Mrs. Benscoter had verbally abused him on account of the couple’s failure to produce a daughter. At the divorce hearing, Mrs. Benscoter testified about her suspicions in 1961 that Mr. Benscoter was having an affair. The master recommended divorce. The trial court reversed, dismissing Mr. Benscoter’s petition. Mr. Benscoter appealed.

Rule of Law

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Holding and Reasoning (Ervin, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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