Legal Opinion

Demmert v. Schnell

New York Surrogate's Court

Decided December 15, 1880PublishedCited by 1 opinion

Application for the probate of a will. The facts appear sufficiently in the opinion.

1Opinion of the Court

*410The Surrogate.—The probate of this will must be denied on the ground that it was obtained through the undue influence of Mrs. Schnell, the residuary legatee.

The testator was dying of a very painful disease. He was a tenant of Mrs. Schnell’s, occupying part of the same house with her. The housekeeper who had. lived with him for nine years had left him, finding that she was unequal to the task and burden of taking care of him, and he was thus left entirely alone, absolutely dependent .on Mrs. Schnell, not only for the care and attention so essential to him in his illness, but even for the…

2Cases cited12 opinions

  1. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  2. Rollwagen v. . RollwagenNew York Court of Appeals · 1876
  3. Tyler v. . GardinerNew York Court of Appeals · 1866
  4. Union Trust Co. v. Monticello & Port Jervis Railway Co.New York Court of Appeals · 1875
  5. Kinne v. JohnsonNew York Supreme Court · 1869

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3Cited by1 opinion

  1. In re DemmertNew York Surrogate's Court · 1881

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