Dohrmann v. Swaney

(Court opinion corrected 8/21/14.) Circumstances of unfairness in executing of contract wherein 89-year-old widow, who was diagnosed with Alzheimer's two years later, and who had no immediate family, gave her neighbor, a 40-year-old neurosurgeon with a family, her apartment and its contents and $4 million, without consulting her long-time attorney. Decedent's statements to others as to her suspicion that physician was after her property were admissible under state of mind exception to hearsay rule. Court properly granted summary judgment for Estate and found contract unenforceable. (HOWSE and LAVIN, concurring.)