McCauley v. Talk

BERNSTEIN, Vice Chief Justice

(dissenting) .

I must dissent. I think the majority has seriously erred in its statement of the applicable law as well as its analysis of the facts. The proposed definition of undue influence is correct, i. e., “a person unduly influences a testator or testatrix in executing a will when that person through his power over the mind of the testator or testatrix makes the latter’s desires conform to his own, thereby overmastering the volition of testator or testatrix.” We have defined undue influence as a showing that the instrument is not the testator’s free act and…