vegydoc - Courts Holding: Yes, the guardians son can, by...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Professor L. Joel LGL 103. Ligia Halvorsen Case name and citation: State v. Leonard J. Frisch JR, 250 N.J. Super . 438 (Law Division 1991) Procedural History: The plaintiff guardian filled a petition for plenary hearing asking the court to declare her son competent to execute a will. Previously the court had declared her son incompetent. Facts: The guardian’s son was declared,” Physically and mentally incompetent,” after an accident that left him severely injured. The plaintiff guardian alleges that her son has mental competency and is capable of executing a will and that her son was aware of his family, and has long-term and short term memory responses. Legal Issues: Can the guardian’s son prove that he has testamentary capacity?
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Courts Holding: Yes, the guardians son can, by meeting the statutory test for mental competency. Courts reasoning: The court examined the evidence that was presented. The court heard the expert witness testimony Dr. Mahon who was found to be qualified as a psychologist. The court concluded that the guardians son met the statutory test for mental competency and had testamentary capacity. The current state law in N.J.S.A . 3B:12-27 reveals that before an individual who has previously been declare incompetent and wants to execute a will, there must first be a judgment adjudicating his return to competency....
View Full Document

This note was uploaded on 05/30/2011 for the course EBS 031 taught by Professor Hummel during the Spring '08 term at Bergen Community College.

Ask a homework question - tutors are online