IN RE HONIGMAN Court of Appeals of New York, 1960, 8 N.Y.2d 233, 168 N.E.2d 676, 203 N.Y.S.2d 859
Facts
Frank Honigman (testator) strongly believed that his wife was having a love affair. The wife denied such and there was no sufficient evidence to prove it. One time, even the testator admitted he was “mentally ill”. But after seeing the doctor had no satisfactory effect on him, his suspicion got worse. He repeatedly complains to friends and strangers of her unfaithfulness with using obscene and abusive language based on various grounds including the wife always answering the phone first. Moreover, when he heard noises which he believed to be men, he ran to his home, but he never found related evidence. Due to the firm belief of this accusation, he changed his will and cut off wife just one month before his death: his estates were going to family members living in Europe. Subsequently, the wife filed objections when the will was offered for probate in Surrogate’s Court. They made a decree denying probate to the will, but the appellate division reversed due to inconsistent findings.
Issue
Was the testator suffering from delusion that his wife was having an affair therefore the will stating that his estates going to siblings abroad can be invalid based on his mental incapability?
Rules
American Seamen’s Friend Soc. v. Hopper, 33 N.Y. 619, 624-625
If a person persistently believes supposed facts, which have no real existence except in his perverted imagination, and against all evidence and probability, and conducts himself, however logically upon the assumption of their existence, he is, so far as they are concerned, under a morbid delusion; and delusion in that sense is insanity Such a person is essentially mad or insane on those subjects, though on other subjects he may reason, act and speak like a sensible man.
Application
The wife contends that the testator’s incapability of changing the will due to his insane delusion that she was unfaithful to him. The court found that the wife’s argument was strong from the numerous evidence along with testimony of many disinterested persons. The court relied on American Seamen’s Friend Soc. v. Hopper case, which explains the fact that a person persistently believes something that has no real existence leads to him having a morbid delusion which turns into insanity regardless of the person being reasoned and sensible to other subjects. On the other hand, the proponent of the testator argues that, even if decedent was made under a delusion, the existence of other reasons for the disposition he chose is enough to support the validity of the instrument as a will: the wife’s independent fortune, and financial need of his residuary legatees. However, the court denied such contention due to the depository provisions that were or might have been caused or affected by the delusion. (Id. at 625)
Holding
Yes, the testator was suffering from delusion therefore had mental incapability to write a will.
Conclusion
Reversed and a new trial granted.
Class feedback
Dissenting의 주요 내용은 다음과 같습니다 ⇨ it is not enough to reach the conclusion that the testator had lacking capacity to make a will due to ungrounded accusation of the wife’s affair: he himself had declared that his wife had enough money and he wanted to take care of his brothers and sisters.
유언 작성자의 의도는 존중받아야 하지만 정상적인 판단을 내릴 수 없는 정신 상태 (obsession, delusion) 라면 유언은 무효화될 수 있습니다. 또한 reversed와 함께 어째서 new trial를 내렸을까에 대한 이야기도 있었습니다. 이유는 Dead man’s statute에 반하여 Surrogate’s Court가 wife의 testimony를 받아들인 error가 있기 때문이었습니다.
Dead Man’s Statute ⇨ A law forbidding the presentation of certain evidence adverse to a decedent’s estate where such evidence relates to matters that occurred during the decedent’s lifetime.
그렇기 때문에 new trial에서는 와이프의 증언을 제외하고도 남편이 정상적인 판단을 내릴 수 없었다는 다른 증거들이 많이 제출되어야 합니다.