Legal Opinion
In re Estate of O'Brien
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1994No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
—Decree modified on the law and as modified affirmed without costs and matter remitted to Niagara County Surrogate’s Court for further proceedings in accordance with the following Memorandum: The record supports the jury’s verdict that decedent’s will was procured by the undue influence exercised by proponent (see generally, Matter of Walther, 6 NY2d 49; Matter of Anna, 248 NY 421). Therefore, the Surrogate properly denied proponent’s motion to set aside the verdict and denied probate of the instrument purporting to be decedent’s last will and testament. The Surrogate also properly granted…
2Cases cited8 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In Re the Estate of AnnaNew York Court of Appeals · 1928
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3Cited by5 opinions
- In re the Estate of HortonAppellate Division of the Supreme Court of the State of New York · 1998
- In re Estate of O'BrienAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Estate of BrennanAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Estate of BrennanAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Simmons v. Eugene & Pearl Simmons Irrevocable Income Only TrustAppellate Division of the Supreme Court of the State of New York · 2025