Delabarre v. Sees

Appellate Division of the Supreme Court of New York

Delabarre v. Sees

158 A.D. 941, 143 N.Y.S. 1113

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1913

StatusPublished

This text of 158 A.D. 941 (Delabarre v. Sees) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delabarre v. Sees, 158 A.D. 941, 143 N.Y.S. 1113 (N.Y. Ct. App. 1913).

Pincite

Opinion

— Judgment and order reversed and new trial granted, costs to abide the final award of costs, on the ground that the proofs fall short of showing any undue influence by the appellant. Surmise and conjecture as to how the deceased came so violently to disagree with his brother do not sustain a verdict. A possibility that undue influence may have been used cannot justify setting aside a will upon that ground. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred.

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— Judgment and order reversed and new trial granted, costs to abide the final award of costs, on the ground that the proofs fall short of showing any undue influence by the appellant. Surmise and conjecture as to how the deceased came so violently to disagree with his brother do not sustain a verdict. A possibility that undue influence may have been used cannot justify setting aside a will upon that ground. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred.

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Bluebook (online)

158 A.D. 941, 143 N.Y.S. 1113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delabarre-v-sees-nyappdiv-1913.