In re the Estate of Kaplan

Herlihy, P. J. (dissenting).

There can be no doubt that the objectants established that on April 26, 1972 the decedent suffered from senile dementia and their expert gave the further opinion that he so suffered on the day he made the will as a matter of pure opinion. Of course, there was no medical evidence to the contrary because the decedent was not given a medical examination on July 17, 1972 and it was established that the impairment was permanent. The psychiatrist, however, also testified that senile people have lucid intervals; that such a person’s content of thought may improve on…