In re the Estate of Putnam

Foley, S.

In this contested probate proceeding the jury answered in the negative the single question submitted to them, as to whether the will was procured by undue influence. The evidence clearly created an issue of fact for determination by the jury. The circumstances of the ease, the relationship between the testatrix and her attorney, who was a beneficiary under the will and its draftsman, presented a question similar to that discussed in Matter of Kindberg (207 N. Y. 220). By reason of these circumstances the burden was cast upon the attorney to explain that the will represented the free,…