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2 - Commentary on In re Strittmater’s Estate

Published online by Cambridge University Press:  28 August 2020

Deborah S. Gordon
Affiliation:
Drexel University, Philadelphia
Browne C. Lewis
Affiliation:
North Carolina Central University
Carla Spivack
Affiliation:
Oklahoma City University
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Summary

This is an appeal from a decree of the Prerogative Court reversing the Essex County Orphan’s Court’s decision to probate the last will and testament of Louisa F. Strittmater. The issue is whether a single and eccentric woman, who belonged for nearly twenty years to an organization that works to achieve equal rights for women, lacked testamentary capacity to leave the bulk of her estate to that organization. The appellees – her uncle, two male cousins, and a female cousin – argue that she was governed by insane delusions about men that caused her to disinherit her male relatives. We reverse the Prerogative Court and remand the case for proceedings not inconsistent with this opinion.

Type
Chapter
Information
Feminist Judgments
Rewritten Trusts and Estates Opinions
, pp. 17 - 38
Publisher: Cambridge University Press
Print publication year: 2020

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