American Committee for Weizmann Institute of Science v. Dunn

Smith, J. (dissenting).

I agree that the evidence here does not prove undue influence was exercised. It is quite possible that decedent’s brother did not do anything wrong. But there is some reason to suspect he did, and if he did petitioner will have, effectively, been cheated out of a legacy without any opportunity to prove the wrongdoing. I think this is unfair. Thus, while this record does not justify vacating the probate decree, petitioner should be given a chance, through discovery, to obtain evidence that would justify it.

Incomplete as the present record is, three troubling facts…