Tuesday, March 12, 2013

In re Estate of Strittmater case brief

In re Estate of Strittmater case brief summary 

140 N.J. Eq. 94

In re Strittmater (N.J. Ct. App. 1947) [21 CB 149]: Evidence presented that testator exhibited hate of men and regard for feminism, which manifested itself in certain physical acts (smashing clock, killing pet kitten); testator left her estate to the Nat’l Women’s Party.  Rule: Evidence doesn’t show testator took great interest in the Party, so it is her insane delusion regarding men that caused her to leave it to the Party, thus voiding the bequest on account of insane delusion.
i.    This case appears to be an anomaly based on the judge’s conception that this doesn’t fit very well into socially accepted mores of this time.
ii.   Judgment is based on his social beliefs rather than testamentary intent, and the paranoia is founded based on social mores rather than testator’s state of mind.

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