McGovern (P) retired after 30 years of service with the Delaware Toll Bridge Commission. Just prior to retirement in December, 1980 P selected two payout options available under his retirement plan. P elected to receive a lump sum payment and a joint survivor annuity of $750 per month with a survivor annuity of $375 per month to his wife. His wife was ill with Hodgkin's disease and died on January 23, 1981, and D died five days later. D had retired on January 9th, 1981. The Board (D) determined that D's estate was due about $28,000. Had D elected a living survivor annuity benefit plan, his estate would have received about $152,000. P's son claimed that his father was mentally incompetent when he executed the retirement papers. D claimed that the document was binding and could not be changed. A Commonwealth Court reversed D's holding that P was competent. D appealed.

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