Estate of Zielinski
New York Appellate Division
208 A.D.2d 275 (1995)
- Written by Salina Kennedy, JD
Facts
Cecilia Zielinski was admitted to the hospital with colon cancer. On her first day in the hospital, Cecilia was diagnosed with a delusional disorder that caused her to believe that her deceased husband and her son, Eugene Zielinski (plaintiff) had repeatedly tried to harm her. Cecilia believed that Eugene had injected chemicals into her, had placed balloons in her stomach, and was receiving instructions from a device that turned the world inside out. While Cecilia was in the hospital, she executed a will that disinherited Eugene and instead left her entire estate in equal shares to her sister, Barbara Moczulski (defendant) and Moczulski’s husband. After Cecilia’s death, Moczulski petitioned to probate the will, and Eugene contested the petition. At a hearing, numerous witnesses testified that there was no basis for Cecilia’s delusions and that she and Eugene had a good relationship with each other. The probate court denied Moczulski’s petition, and Moczulski appealed.
Rule of Law
Issue
Holding and Reasoning (Peters, J.)
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