Deluded, But Not Insanely So
Consistent with traditional jurisprudence, the Court of Special Appeals in Maryland determined that although the testator was deluded, the delusion was not an insane one and thus the will was valid. See Dougherty v. Rubenstein (January 4, 2007). The court stated that:
The court’s finding that James [testator-father] was suffering from a delusion that Jay [son] had stolen his money, but that the delusion was not an insane delusion, was a reasonable interpretation of the evidence.
Special thanks to Matthew B. Bogin (Rockville, Maryland) for bringing this case to my attention.