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Contracts Keyed to Calamari
Ortelere v. Teachers’ Retirement Bd.
Facts
Grace Ortelere, a 60-year-old schoolteacher, suffered a nervous breakdown and went on leave for mental illness. Her psychiatrist suspected that she suffered from cerebral arteriosclerosis. Plaintiff quit his job to care for his wife. In 1965, Mrs. Ortelere obtained a loan from the public retirement system, with which she had an account, in the largest amount possible and made an irrevocable election to take the maximum retirement benefits of $450 a month during her lifetime, which left her husband with no benefits upon her death. Under an earlier election, she received only $375 a month, but Plaintiff would receive the unexhausted reserve upon her death. Two months after the election, Grace Ortelere died, and her husband sued to set aside her election on the ground of mental incompetence.
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