Haynes v. First Nat'l State Bk. of NJ

The opinion of the Court was delivered by

HANDLER, J.

This is a will contest in which the plaintiffs, two of the decedent’s six grandchildren, seek to set aside the probate of their grandmother’s will and two related trust agreements. The major issue presented is whether the will is invalid on the grounds of “undue influence” attributable to the fact that the attorney, who advised the testatrix and prepared the testamentary instruments, was also the attorney for the principal beneficiary, the testatrix’s daughter, in whom the testatrix had reposed trust, confidence and dependency. A second…