Английская Википедия:In re Strittmater
Шаблон:Use mdy dates Шаблон:Infobox court case In the Matter of the Estate of Strittmater (140 N.J. Eq. 94) is a 1947 New Jersey legal decision relating to the estate of well-known feminist, Louisa F. Strittmater (1896–1944).
Background
Strittmater's division of her estate to the National Woman's Party (a feminist organization) was listed in her will which was contested based on Stittmater's capacity.[1] Strittmater's lifelong physician, Dr. Sarah Smalley, testified to the court that Strittmater suffered from paranoia and a split personality. There was no contrary medical testimony, although the court noted that the factual evidence supported a split personality. In her public dealings, she was often "entirely reasonable and normal" and demonstrated a healthy, loving relationship with her parents. Yet in some later notes, she described her mother as a "Moronic she-devil" and her father as an "unintelligent savage." Her occasionally reasonable disposition would often be overcome by violent outbursts, including the killing of a pet kitten, explosive tantrums with "vile language," and destruction of household furniture (including a clock). Her secret scribblings espoused an "insane hatred of men" that manifested in a desire that all baby boys be "put to death at birth."
Decision
The Essex County Orphans' Court found Strittmater to be incapable of executing the will in probate. On appeal, the decision was upheld; the Court of Appeals stated that ". . . it was her paranoic condition, especially her insane delusions about the male, that led her to leave her estate to the National Women’s Party."[1] (Note: The court mistakenly refers to the organization as the National Women's Party, where it is actually the National Woman's Party) The court, holding that she lacked mental capacity, invalidated the will and distributed her assets to her closest relatives through intestate succession.
The Strittmater decision has been described as a pretextual decision arising from the judges' biases.[1]
References
Further reading
- Dukeminier et al. Wills, Trusts, and Estates (10th ed. 2017) at 274-275.
- ↑ 1,0 1,1 1,2 Perlin, Michael L. and Pamela Champine. "Therapeutic Jurisprudence: The "Sanist" Factor - An Interdisciplinary Approach." Шаблон:Webarchive 46 New York Law School Law Review 573 (2002–2003).
- Английская Википедия
- National Woman's Party
- New Jersey state case law
- 1947 in United States case law
- 1947 in New Jersey
- United States trusts case law
- Essex County, New Jersey
- History of women in New Jersey
- Страницы, где используется шаблон "Навигационная таблица/Телепорт"
- Страницы с телепортом
- Википедия
- Статья из Википедии
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