Dougherty v. Rubenstein

After a stroke left James Dougherty disoriented and diagnosed with permanent dementia, his son Jay placed him in a care home. James's sister Janet Rubenstein (defendant) removed him and brought him home, where he recovered enough to live alone for years. Jay had been managing James's finances; after coming home, James accused Jay of stealing from him and refused to look at records that would have disproved it. James wrote a will disinheriting Jay in favor of his sisters, including Janet. Jay (plaintiff) sued to set aside the will, and Janet sought to probate it. The trial court found James's belief that Jay stole from him was false but not an insane delusion, because it wasn't the product of mental disease - and refused to void the will. Jay appealed.