Multiple Choice
[Bruiser] Samuel, a ninety-year-old wild bronco rider in the rodeo, had a will leaving all his possessions to a girlfriend, Winona, age twenty-two. During a rodeo, Samuel was placed on a particularly wild bronco named "Bruiser." During the ride, Crabby the clown yelled out to Samuel that Winona had suggested that particular horse. Samuel was annoyed about that because he was having trouble controlling Bruiser. Nevertheless, Samuel prevailed and collected the prize. Samuel was so excited that he had a heart attack. Just before he died, he yelled out, "Winona, you had me put on that crazy horse, and I'm revoking my will. I'm dying, and I'm leaving everything to my other girlfriend, Keisha." A number of witnesses heard his statement; and Crabby, who had always liked Keisha more than Winona, promptly wrote down Samuel's statement. Winona knew nothing about Keisha and was very upset. She told Keisha that Keisha could have nothing because Samuel's written will was still in effect. She also told Keisha that Samuel was suffering from a mental illness and did not know what he was doing when he stated that Keisha should take everything. Samuel's daughter, Laura, age 65, also entered the discussion stating that Winona had unfairly coerced Samuel into writing a will leaving her everything.
-Which of the following is a true statement regarding Winona's claim that Keisha was entitled to nothing because Samuel was suffering from a mental illness and did not know what he was doing when he stated that Keisha should take everything?
A) Whether he was suffering from a mental illness is irrelevant because for other reasons, his statement granting Keisha any possessions is invalid.
B) Winona is correct if Samuel had undergone any treatment for any form of mental illness within the last year.
C) Winona is correct if Samuel had undergone any treatment for any form of mental illness within the last six months.
D) Winona is incorrect because the existence of mental illness is irrelevant to a person's capacity to make a will.
E) Winona is correct if it can be established that Samuel had a serious enough mental illness that he was not of sound mind and lacked capacity to make a will.
Correct Answer:

Verified
Correct Answer:
Verified
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