Spindler v. Gibson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Spindler, from a judgment of the Supreme Court in favor of the defendants, Mary E. Gibson and another, entered in the office of the clerk of the county of New York on the 18th day of February, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York . Trial Term.
1Opinion of the Court
O’Brien, J.:
This action is brought by a sister of John-Hamilton, deceased, to set aside the probate of his will on the ground that it was obtained by undue influence exercised by the beneficiary thereunder, the defendant Mary E. Gibson.
The testator at his death was sixty years of age and left him surviving, besides his sister the plaintiff, who is his only blood relation, his wife, with whom, it appears, he had lived happily until 1898, whén he began to quarrel with her and finally left her on *445account of his infatuation with the defendant. The evidence would justify the inference that the…
2Cases cited2 opinions
- O'Brien v. . WeilerNew York Court of Appeals · 1893
- Humphrey v. SweetingNew York Supreme Court · 1895