Aids to Forensic Medicine and ToxicologyRobertson, W. G. Aitchison (William George Aitchison )
Science
Aids to Forensic Medicine and Toxicology
Robertson, W. G. Aitchison (William George Aitchison )
Medical jurisprudence; Poisons
=Mania with Lucid Intervals.=--In many cases mania is intermittent or
recurrent in its nature, the patient in the interval being in his right
mind. The question of the presence or absence of a lucid interval
frequently occurs where attempts are made to set aside wills made by
persons having property. In these cases the law, from the reasonableness
of the provisions of the will, may assume the existence of the lucid
interval. A will made during a lucid interval is valid. When an attempt
is made to set aside the provisions of a will on the ground of insanity
in a person not previously judged insane, the plaintiff must show that
the testator was mad; when the provisions of the will of a lunatic are
attempted to be upheld, the plaintiff must show that the will was made
during a lucid interval.
A testator is capable of making a valid will when he has (1) a knowledge
of his property and of his kindred; (2) memory sufficient to recognize
his proper relations to those about him; (3) freedom from delusions
affecting his property and his friends; and (4) sufficient physical and
mental power to resist undue influence. The fact of a man being subject
to delusions may not affect his testamentary capacity. He may believe
himself to be a tea-kettle, and yet be sufficiently sound mentally to
make a valid will.
=Undue Influence.=--Persons of weak mind or those suffering from senile
dementia are often said to have been unduly influenced in making their
wills, and subsequently their dispositions are disputed in court. Before
witnessing the will made by such a person, the medical man should
satisfy himself that the testator is of a 'sound disposing mind.' This
he will do by questioning, and his knowledge of the home-life of the
patient will either confirm or set aside the idea of influence.
A person who is aphasic may be competent to make a will. He may not be
able to speak, but may understand what is said to him, and may be able
to indicate his wishes by nods and shakes of the head. Ask him if he
wishes to make a will, then inquire if he has L10,000 to leave, then if
he has L100, and in this way arrive approximately at the sum. Then ask
him if he wishes to leave it all to one person. If he nods assent, ask
if it be to his wife or some other likely person. If he wishes to divide
it, ascertain his intention by definite questions, and, having
ascertained his views, commit them to writing, read the document over to
him, and ask if it expresses his intentions. That being settled, a mark
which he acknowledges in the presence of two witnesses, preferably men
of standing, will constitute a valid document.
Public-domain text, read in full here on John Shaqi.
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