In re Capers’s Estate
Pennsylvania Court of Common Pleas
34 Pa. D. & C.2d 121 (1964)
- Written by Haley Gintis, JD
Facts
In 1964, Ida M. Capers died, leaving a will that provided her two Irish setters were to be destroyed upon her death. The executors of Capers’s estate filed a petition with the court to receive a declaratory judgment on whether Capers’s request might be executed. The attorney general of Pennsylvania, pursuant to the governor’s orders, intervened in the suit, requesting that the executors be prohibited from destroying the dogs. The court held a hearing on the matter. At the hearing, Capers’s veterinarian and others testified that Capers had devoted her life to caring for her dogs and that she requested their destruction because she feared they would grieve her and not receive appropriate love and care. The veterinarian also testified that Thomas L. Miller, who had been caring for the dogs following Capers’s death, had taken excellent care of the dogs. The court then considered the declaratory judgment.
Rule of Law
Issue
Holding and Reasoning (Rahauser, J.)
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