21 N.Y.S. 931 | New York Court of Common Pleas | 1893
The paper propounded as the last -will and testament of Henry M. Loewenstine was executed August 8, 1888, and contained the following provision:
“Second. I hereby give, devise, and bequeath unto my wife, Rosa, the sum of five hundred dollars, as ten thousand dollars of life insurance is in her name, and she has proven herself not to be ,a loving wife. ”
No other provision was made for the wife, and the remainder of the estate was left in trust for the use and benefit of an infant daughter, Gladdys, the decedent’s only child. He died in April, 1890, while confined as a patient in an asylum for the insane, known as the “Long Island Home,” at Amity ville, in this state. From conclusive evidence it appears that his death was directly attributable to a mental disorder scientifically termed “dementia paralytica,” but popularly known as “progressive paresis,” which has its incipiency about three years before death, and indicates its presence by three consecutive stages, the periods of exaltation, depression, and absolute dementation; the first two stages being accompanied by delusions. It was conceded by the subscribing witnesses that at the very time of the execution of the alleged will the sanity of the decedent was a matter of serious concern, and it was abundantly shown that at or about this time he was in a state of intermittent exaltation and depression, which denoted his gradual transition to the state of absolute dementation immediately preceding his death. A number of witnesses acquainted with the decedent and his family testified to the effect that, previous to the incipiency of the disorder which culminated in his death, the domestic relations of the decedent were more than ordinarily felicitous, the mutual devotion .of husband and wife marked and pronounced, while thereafter he became petulant and querulous, accusing his wife, upon trivial and sometimes wholly imaginary grounds, at intervals of constantly growing frequency, of neglect of himself and their infant daughter, though her devotion both as wife and mother had been unceasing. Upon this evidence the conclusion is irresistible that the decedent at the time of the execution of the paper propounded was
Laws 1892, c. 614, provides that “a physician or a Surgeon may upon a trial or examination disclose any information as to the mental or physical condition of a patient, who is deceased, which he acquired in attending such patient professionally, except confidential communications, and such facts as would tend to disgrace the memory of the patient, when the provisions of section eight hundred and thirty-four have been expressly waived on such trial or examination by the personal representatives of the deceased patient, or if the validity of the last will and testament of such deceased is in question, by the executor or executors named in said will, or the surviving husband, widow, or an heir at law or any of the next of kin of such deceased, or any other party in interest."