Benscoter v. Benscoter
Pennsylvania Superior Court
188 A.2d 859 (1963)
- Written by Sean Carroll, JD
Facts
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
Issue
Holding and Reasoning (Ervin, J.)
What to do next…
Here's why 807,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.