A Surrogate has determined that a man within a few days of his death due to liver disease was not legally capable of executing the will he signed at the behest of his ex-wife and in the presence of her lawyer.

Mychajlo “Mike” Stachiw may not have been comatose when he signed his will, but he was “not really moving,” according to the orderly who was enlisted to witness Mr. Stachiw’s signature as he was swabbing the floor in the patient’s bathroom at a veterans’ hospital in Dutchess County.