Frazer v. Frazer

Citations

• 2 Del. Ch. 260

Syllabus

<p>Ordinarily, the party alleging insanity is bound to prove it. Insanity is not presumed.</p> <p>But, general insanity being proved, the onus is upon the party setting up any act as binding to prove that it was done in a lucid interval.</p> <p>By insanity is not meant a total deprivation of reason, but only an inability from defect of perception, memory and judgment, to do the act in question.</p> <p>By a lucid interval is not meant a perfect restoration to reason, but a restoration so far as to be able, beyond doubt, to comprehend and to do the act with such perception, memory and judgment as to make it a legal act.</p> <p>The reasonableness of an act is evidence of the rationality of the actor. The fixedness of purpose to do it, is further evidence of stability, and, therefore, of rationality : but if the act is not shewn to be reasonable it derives no strength from a continued purpose to do it.</p>