Tyler v. . Gardiner
New York Court of Appeals
Appeal from the Supreme Court. The proceeding was instituted before -the surrogate of Richmond, to prove the will of Juliana Gardiner, deceased. The surrogate rejected the will, on the ground that it was procured by imposition and undue influence.
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Appeal from the Supreme Court. The proceeding was instituted before -the surrogate of Richmond, to prove the will of Juliana Gardiner, deceased. The surrogate rejected the will, on the ground that it was procured by imposition and undue influence. The correctness of the decision depended on a question of fact, in respect to which the General Term arrived at a different conclusion; and on appeal the decree was reversed, with a peremptory order to the surrogate to admit the will to prohate. , The testatrix died at her residence, on Staten Island, on the 4th of October, 1864. She was sixty-five…
1Opinion of the CourtPoetes-, J.
There is an almost wearisome monotony in the conformity of the facts developed on the hearing, with the familiar and recognized indicia, of contrivance and undue influence. There are few of the reported cases, in which wills have been condemned, presenting such a concurrence of circumstances unfavorable to the establishment of the instrument. If they were susceptible of contradiction or explanation, the sources of proof were abundant. The respondent was a competent witness. Host of the material facts were -within her personal knowledge. She was a prominent actor in all that related to the…
2Cases cited7 opinions
- Whelan v. WhelanNew York Supreme Court · 1824
- Crispell v. DuboisNew York Supreme Court · 1848
- Lansing v. RussellNew York Supreme Court · 1852
- Lansing v. RussellNew York Court of Chancery · 1848
- Bergen v. UdallNew York Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- In Re the Estate of ArnoldCalifornia Supreme Court · 1905
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
87 more not listed; retrieve them via the Exa API.