IN RE HONIGMAN, 8 N.Y.2d 244, 168 N.E.2d 676, 203 N.Y.S.2d 859 (1960) CASE BRIEF

IN RE HONIGMAN

8 N.Y.2d 244, 168 N.E.2d 676, 203 N.Y.S.2d 859 (1960)

NATURE OF THE CASE: This was an appeal from the denying of a will to probate.

FACTS: Honigman was happily married to his wife for forty years. After a number of operations and an operation for a prostatectomy and a cancer operation he began to express that his belief that his wife was unfaithful to him. Honigman accused her of all sorts of acts, visited a psychiatrist, and several times mentioned that he was sick in the head. Honigman died but one month before modified his will; he left a small estate to his wife and the remainder to his relatives. His attorney stated that the decision to make a new will just before his death was based on the belief of his wife's infidelity, her large independent estate, and the need of his other relatives. Mrs. Honigman (P) alleged that, he was operating under an insane delusion and lacked the mental capacity to make a will. A jury found that he lacked mental capacity to make a will with respect to P even though he was sane in all other respects.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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