Beisman v. New York City Employees' Retirement System

The trial court found that when the deceased purported to make a choice of retirement benefits during February, 1944, he was lacking in sufficient mental capacity to understand properly the nature, quality and effect of his decision. This finding, if we assume that it is sufficient to sustain the judgment, is not supported by the evidence. The proof was insufficient as matter of law to establish that decedent, when he made application for retirement, did not understand, not only that he was retiring, but also that he had elected to receive the maximum allowance payable during his life, and…