Reference no: EM131471480

Question: Before their marriage, Alicia and Albert Goldberg signed an agreement giving up their rights to inherit from each other (an antenuptial agreement). Albert was more than 30 years older than Alicia. He continued to live with his sister, Ethel, and did not tell her he had married. Four years later Albert had two heart attacks and a stroke. While Albert was at Rusk Rehabilitation Hospital, Alicia called Mr. Velardi, an attorney, and told him her husband wanted to revoke an antenuptial agreement. Albert telephoned Velardi several times. Velardi told Albert to talk to his own lawyer, but Albert finally persuaded Velardi to visit at Rusk.

With Alicia out of the room, Albert told him he wanted to cancel the agreement because it was unfair to Alicia. Velardi again told Albert to get his own lawyer. Albert called Velardi and persuaded him to visit again. When Albert said he did not know how long he would last and he wanted Alicia to share in his estate, Velardi wrote out a revocation which Albert and Alicia signed. After Albert died Ethel challenged Albert's capacity to revoke the antenuptial agreement. Did Albert have contractual capacity ?