Study each of the following cases carefully. Briefly state the principle of law and your decision.
Contracts of Persons Who Are Mentally Incompetent Ortelere, a retired teacher, had built up a substantial amount of funds in her retirement plan before she retired because of “involutional psychosis” (a form of mental illness). She had previously specified that a lowered monthly retirement benefit would be paid to her so that her husband would get some benefit from the retirement plan if she died before he did. After her mental problems began, she changed her payout plan and borrowed from the pension fund. As a consequence of the changes she made, her husband lost his rights to benefits. Two months after she made the changes, she died. The husband sued to reverse the changes his wife had made, claiming that she was not of sound mind when she made them. Will the changes in the plan be voided? [ Ortelere v. Teachers’ Retirement Board , 250 N.E.2d 460 (Wisconsin)]
Principle of Law:
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Decision:
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