McLaughlin v. . McDevitt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a decree of the surrogate of Kings county refusing to admit to probate an alleged codicil to the last will and testament of Keil Dougherty, late of the city of Brooklyn, deceased. The facts are set forth sufficiently in the opinion. To vitiate a will or an instrument, fraud or undue influence must be established by clear and substantial evidence; it cannot be inferred.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a decree of the surrogate of Kings county refusing to admit to probate an alleged codicil to the last will and testament of Keil Dougherty, late of the city of Brooklyn, deceased. The facts are set forth sufficiently in the opinion. To vitiate a will or an instrument, fraud or undue influence must be established by clear and substantial evidence; it cannot be inferred. (Sullivan v. Warren, 43 How. Pr., 188; Hildreth v. Sands, 2 J. Ch., 35; Jaclcson v. King, 4 Cow., 207; 1 Greenl. Ev., §…
1Opinion of the Court
Church, Ch. J.
The "testator, Neil Dougherty, a resident of the city of Brooklyn, died on the 16th day of September, 1874, leaving a will, which was dated and executed August 27,1874, and a codicil without date, but executed September 5, 1874. The will was admitted to probate by the surrogate, and the codicil refused probate on the ground that it was procured by fraud and undue influence, and the General Term affirmed the decree of the surrogate, refusing probate to the codicil. No appeal has been taken from the decree admitting the will to probate. The question is therefore confined to the…
2Cited by20 opinions
- In Re the Estate of ArnoldCalifornia Supreme Court · 1905
- In re the Accounting of RowlandNew York Court of Appeals · 1956
- Merrill v. RolstonNew York Surrogate's Court · 1881
- Chambers v. ChambersAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Probate of a Paper Propounded as the Last Will & Testament of MooneyNew York Surrogate's Court · 1911
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