COMM 393 Chapter : Case Brief - Collins (Re) - CAPACITY.docx
Document Summary
She had a daughter joely prior to their marriage. Philip adopted joely and also had a son with ms. collins (simon). Philip bought a house and gave title to joely and simon and ms. collins received no ownership. Ms. collins got both children to agree to give both their titles to her: unhappiness and insecurity . Joely was over the age of 19, but simon was not. There was no undue pressure or influence by ms. collins and both children fully understood the agreement and wished to enter into it. However, the judge cannot justify simon giving away his interest in the trust to purchase that feeling of security for ms. collins. Simon in the contract and is therefore not in his best interest. Judge says that the court"s discretionary power should not be exercised on a pretext of being for the benefit of the infants when in essence it is to have ms. collins achieve financial security.
