In re Strittmater

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In the Matter of the Estate of Strittmater (140 NJ Eq. 94) is a 1947 New Jersey legal decision relating to the estate of militant feminist Louisa Strittmater (1896-1944).

Strittmater's devision of her estate to the National Women's Party (a feminist group) was challenged, and at issue was Stittmater's capacity to execute a will.[1] The lower court heard evidence from a medical witness, who described her as "paranoid," though testimony revealed that "in her dealings with her lawyer and her bank – and others — she was entirely reasonable and normal."[1] This court ruled that the evidence "incontrovertibly" showed "her morbid aversion to men and feminism to a neurotic extreme."[1]

On appeal, the decision was upheld; the Court of Appeals stated that that "It was her paranoic condition, especially her insane delusions about the male...that led her to leave her estate to the National Women’s Party."[1] Because, in the court's view, her "disease" left her mentally unfit to execute a will, her will was set aside.

The Strittmater decision has been described as a pretextual decision arising from the judges' biases.[1]

[edit] References

  1. ^ a b c d e Perlin, Michael L. and Pamela Champine. "Therapeutic Jurisprudence: The "Sanist" Factor - An Interdisciplinary Approach." 46 New York Law School Law Review 573 (2002–2003).

[edit] Further reading

  • Dukeminier et al. Wills, Trusts, and Estates (8th ed. 2004) at 149-50.