In re the Estate of Goldberg

OPINION OF THE COURT

Eve Preminger, S.

This bitterly contested dispute between the decedent’s widow and his sister, who is the executrix of his estate, turns on an issue frequently raised in this court, the decedent’s mental capacity. What is unusual here is that the challenged capacity is not decedent’s capacity to make a will, but whether he had the degree of understanding required to release his wife from their antenuptial agreement, in which she had waived her right to elect against his will. The authorities, which are replete with applications of the established rule with respect to…