.... The "lucid interval" doctrine is applied solely when testamentary capacity is questioned: When a testator is suffering from a mental illness which ebbs and...flows in terms of its effect on the testator's mental competence, it is presumed that the testator was mentally fit when the will was executed. This is commonly referred to as the lucid interval doctrine. . . . By...employing this doctrine, citizens of the Commonwealth who suffer from a debilitating mental condition are still able to dispose of their property. The lucid interval doctrine is...

..., 11 Ky. 252 (1822). Alzheimer's is a disease that is variable in its effect on a person over time. It is precisely this type of illness with which the lucid interval doctrine was designed...to deal. By employing this doctrine, citizens of the Commonwealth who suffer from a debilitating mental condition are still able to dispose of their property. The lucid interval doctrine is...to have been experiencing a lucid interval during the execution of the will. The wisdom of this doctrine is demonstrated by Mr. McQuady's testimony during the hearing on the petition for marriage in...

...interval doctrine under which a testator who suffers from a mental illness that "ebbs and flows" in terms of its effect on mental competency is presumed to have executed the will during a lucid...interval. Id. at 456. The Court's acceptance of the lucid interval doctrine reaffirms and is based on the principle that the issue is whether testamentary capacity existed at the time the will was...that the testator had testamentary capacity when she executed a different will, the doctrine of res judicata applied and dismissed the claim. As to the issue of undue influence, the trial court...

...of its effect on the testator's mental competence, it is presumed that the testator was mentally fit when the will was executed. This is commonly referred to as the lucid interval doctrine. Warnick..., 11 Ky. 252 (1822). Alzheimer's is a disease that is variable in its effect on a person over time. It is precisely this type of illness with which the lucid interval doctrine was...court that Stuckey failed to offer any evidence proving that Marthe did not have a lucid interval during which she executed her will. Evidence that Marthe suffered mental and physical infirmities in...

...application of the lucid interval doctrine. The presumption of sanity and of testamentary capacity cannot be overcome by conflicting evidence. Succsn. of Lambert...

...validly executing a will. 5) Under the “lucid interval doctrine” when a testator is suffering from a mental illness which ebbs and flows in terms of its effect on the...knowledge of the basics of will preparation and the proficiency expected of a lawyer in will preparation. He reviewed the will Lloyd prepared for himself in 2001 and found it to be lucid, skillfully...testator possessing adequate testamentary capacity which can only be rebutted by the strongest showing of incapacity. 2) Kentucky is committed to the doctrine of...

..."lucid interval" doctrine Kentucky law rebuttably-presumes that individuals with mental illnesses which "ebb and flow" make legal decisions...

...lucid interval doctrine.... The lucid interval doctrine is only implicated when there is evidence that a testator...to the doctrine of testatorial absolutism." The practical effect of this doctrine is that the privilege of the citizens of the Commonwealth to draft wills to dispose of their property is zealously...

...is commonly referred to as the lucid interval doctrine. Warnick v. Childers, Ky., 282 S.W.2d 608, 609 (1955); Pfuelb v. Pfuelb, 275 Ky. 588, 122 S.W.2d 128 (1938). See In re Weir's...of the Commonwealth who suffer from a debilitating mental condition are still able to dispose of their property. The lucid interval doctrine is only implicated when there is...the doctrine of testatorial absolutism." J. Merritt, 1 Ky.Prac. - Probate Practice & Procedure, § 367 (Merritt 2d ed. West 1984). See New v. Creamer, Ky., 275 S.W.2d 918 (1955...

..., makes a deed, and should afterwards in a lucid interval, well understanding the nature of the instrument, ratify and adopt it as his deed, as by receiving the purchase money due under it, this would...consequences to be. * * * In general, this contract, like an infant's, may be ratified or disaffirmed by the insane party's guardian or committee, or by himself during a lucid interval or on becoming...representative so elects. The authorities on this point may be conflicting, but such is believed to be the better doctrine. This last would make the contract voidable, whatever the courts should hold its other...

...would require the appointment of a guardian of the estate, yet experience a lucid interval during which that person would possess testamentary capacity. Because appellant has failed to establish the first element of judicial estoppe..., also known as a lucid interval. Pyle v. Sayers, 72 Ark. App. 207, 34 S.W.3d 786 (2000...lucid interval at the time the will was executed, the circuit court was allowed to credit the testimony of the witnesses who saw the testator on the day the will was executed. The circuit court's...

...defendant may have engaged in other criminal conduct was prejudicial in nature, the Trial Judge's lucid curative instructions to the jury, following which neither any further objection nor any request for...). Had the summation excesses assumed due process proportions depriving defendant of his constitutional right to a fair trial and had they been preserved, the harmless error doctrine, on which the...

...reversible error when it improperly gave a "lucid interval" instruction to the jury. He argues that the prosecution was not entitled to this charge because no evidence was presented tending to establish that...the murder occurred during a lucid interval. At the end of the testimony, during the charge conference, the defense objected to the trial court's giving the State's proposed jury...to have been committed in a lucid interval unless it appears to have been committed in the time of his distemper." R. 181. At the end of the instructions, the...

...violently shaken immediately before reacting and could not have had a lucid interval. In closing arguments, the defense tried to create reasonable doubt as to whether one of Natalie's parents had shaken..." exists; that there was no evidence of an impact in Natalie's case; that, even assuming head trauma, there is a possibility of a significant lucid interval in infants aft...intentional injury, and that Natalie could have had a substantial lucid interval following a head trauma, if one occurred) were raised in her 1997...

...was lucid at the time he made the statements. Brown involved a 30-minute interval between the shooting and the declaration. Here, we are presented with a 2-to-2 1/2-hour...

... FLAGSHIP RESORT DEVELOPMENT CORPORATION, Appellant, v. INTERVAL INTERNATIONAL, INC., Appellee. No. 3D09-334. District.... Flagship Resort Development Corporation ("Flagship") appeals from a final judgment granting Interval International, Inc. ("Interval") summary judgment in Flagship's action seeking a declaration...that the contract between the two parties is not in force, or in the alternative, that Interval breached the implied covenant of good faith and fair dealing. Flagship further appeals from the trial...

..., however, also testified that senile people have lucid intervals; that such a person's content of thought may improve on remission; that a lucid interval changes a person's judgment; and that to...determine a patient's condition at such a time, a doctor would have to see the patient in a lucid interval. The courts have long recognized that proof of senile dementia does not establish a lack of...but, the question remains as to whether the decedent had a lucid interval at the time the will was made. In this regard the majority recites that the proponents, through the...

...manufacturer must show that a 90% confidence interval for the ratio of the mean response (usually AUC and Cmax) of its product to that of the innovator is within the limits of 0.8. to 1.25, using the log...district court construed "equivalent" as "within 80% to 125% of the value with which it is being compared, at a 90% confidence interval." Adams, Civ. No. 1:07-CV-993, D.I. 176 at 36...reexamination that `equivalent' meant `the FDA bioequivalenee guidelines.'" Id. On appeal, Adams challenges the requirement of a 90% confidence interval. It notes that the...

...formal interdiction deprives the person interdicted ipso facto of all power to make, alter, or revoke a will, even during a lucid interval. The law allows a formal interdiction for other causes than..., 90 So. 735. And the only question before us now is whether the later will was made during a lucid interval. II.... The question is only one of fact; and the uncontradicted evidence in the record is that the deceased made his later will during one of his lucid intervals, and when he knew full well what he was...