The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

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.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.