Ewen v. Perrine
New York Surrogate's Court
The decedent died May 12, 1880, leaving him surviving a sister and several nephews and nieces, none of whom ever resided in the city of Kingston. -After his death, Marius D., and Sarah A. Perrine, with whom he had boarded for a number of years, presented for probate as the last will and testament of deceased, a paper purporting to give, devise and bequeath all of his property to them. Further facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
The evidence shows that the will was executed with the formalities required by statute. It also shows that the testator was, at the time of making his will, a person of sound mind. The only ground upon which the contestants now oppose the probate of the will is that undue influence wgs exercised over the testator, by the beneficiaries of the will.
We shall consider, then, before examining the evidence, first, what constitutes undue influence, and second, which side has the burden of proof.
The court says, in Newhouse v. Godwin (17 Barb., 236) : “ The mere fact that the mind of the…
2Cases cited7 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Horn v. . PullmanNew York Court of Appeals · 1878
- Blanchard v. NestleNew York Supreme Court · 1846
- Newhouse v. GodwinNew York Supreme Court · 1853
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3Cited by3 opinions
- In re Proving the Last Will & Testament of McGrawAppellate Division of the Supreme Court of the State of New York · 1896
- In re Probate of the Will of BirdsallNew York Surrogate's Court · 1890
- In re the Probate of the Will of SutherlandNew York Surrogate's Court · 1899