In re the Probate of a Paper Propounded as the Last Will & Testament of Hedges
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponents, Jeremiah M. Dominy and' another, from a decree of the Surrogate’s Court of the- county of Suffolk, entered in said Surrogate’s Court on the 10th day of June,-1899, adjudging that a paper dated October 1, 1898, propounded as the last will and testament of Esther M. Hedges, deceased, was procured while she was under restraint and undue influence, and was, therefore, null and void.
1Opinion of the Court
Woodwabd, J.:
We are unable to find any definition of undue influence which fits the facts in this case, conceding them to be the most favorable possible in support of the decree. Esther M. Hedges was a widow, • • without children, and was, at the time of making and executing the paper now under review, approximately seventy-four years of age. The beneficiary, if this paper is sustained as the last will and testament of the deceased, was the daughter of a deceased sister of the testatrix, and was given into the care of Mrs. Hedges at the time of the mother’s death. She has been regarded, if…
2Cases cited5 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Horn v. . PullmanNew York Court of Appeals · 1878
- In Re the Probate of the Will of SnellingNew York Court of Appeals · 1893
- In Re Proving the Last Will & Testament of PotterNew York Court of Appeals · 1899
- In re the application for the revocation of probate of the will of SouleNew York Surrogate's Court · 1888
3Cited by1 opinion
- In re the Probate of a Paper Purporting to be the Last Will & Testament of BrandAppellate Division of the Supreme Court of the State of New York · 1902