In re Welsh
New York Surrogate's Court
This was an application on the part of Richard Oox, sole executor of the last will and testament of Mrs. Mary Welsh, that the will be admitted to probate. The will was contested by several of the next of kin, as being the result of undue influence exercised by parties benefited, and they claimed that the probate should be refused.
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This was an application on the part of Richard Oox, sole executor of the last will and testament of Mrs. Mary Welsh, that the will be admitted to probate. The will was contested by several of the next of kin, as being the result of undue influence exercised by parties benefited, and they claimed that the probate should be refused. The will bequeathed various legacies, in sums from three hundred to one thousand dollars, to different claimants on the bounty of the testatrix, to the extent of upwards of one-fourth of her estate; it then gave to the Episcopal Theological Seminary five thousand…
1Opinion of the Court
The Surrogate. — Undue influence may be proved by direct evidence of importunity, or the practice of arts upon the decedent, by the supposed agent; or may be presumed from the proof of facts which throws upon the party seeking to establish the will in question, the burden of proving it to have been the result of free agency and complete understanding of the contents ; and this case is put by the contestants on both grounds. But of the former species of evidence, there is little trace in this case, except mere conjecture as to the objects of visits by the party implicated, to the decedent, not…
2Cases cited2 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Whelan v. WhelanNew York Supreme Court · 1824
3Cited by13 opinions
- Ross v. ConwayCalifornia Supreme Court · 1892
- Disch v. TimmWisconsin Supreme Court · 1898
- Holmes v. Campbell CollegeSupreme Court of Kansas · 1912
- In re Proving the Last Will & Testament of MeyerNew York Surrogate's Court · 1911
- In re the Probate of a Paper Purporting to be the Last Will & Testament of SparksNew Jersey Superior Court Appellate Division · 1901
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