DOUGHERTY v. RUBENSTEIN

No. 2570, September Term, 2005.

914 A.2d 184 (2007)

172 Md. App. 269

James J. DOUGHERTY, IV v. Janet C. RUBENSTEIN, Personal Representative of the Estate of James J. Dougherty III.

Court of Special Appeals of Maryland.

January 4, 2007.


Attorney(s) appearing for the Case

Frederick J. Hatem, Jr., Bel Air, for appellant.

E. Pete Summerfield, Owings Mills, for appellee.

Panel EYLER, DEBORAH S., ADKINS and SHARER, JJ.


EYLER, DEBORAH S., J.

The "insane delusion rule" of testamentary capacity came into being almost 200 years ago, as the invention of British jurists in Dew v. Clark, 162 Eng. Rep. 410 (Prerog.1826). The rule was devised to cover a gap in the existing law, which held that "idiots and persons of non-sane memory" could not make wills, see 34 & 35 Hen. 7, ch. 5 (1534), but accepted as valid the will of a testator "who knew the natural objects of his or...

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