In re the Probate of the Will of Kaufmann

New York Court of Appeals

In re the Probate of the Will of Kaufmann

205 N.E.2d 864, 15 N.Y.2d 825, 257 N.Y.S.2d 941, 1965 N.Y. LEXIS 1595

CourtNew York Court of Appeals

DecidedFebruary 11, 1965

StatusPublished

Cited by7 cases

This text of 205 N.E.2d 864 (In re the Probate of the Will of Kaufmann) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Probate of the Will of Kaufmann, 205 N.E.2d 864, 15 N.Y.2d 825, 257 N.Y.S.2d 941, 1965 N.Y. LEXIS 1595 (N.Y. 1965).

Pincite

Opinion

Order affirmed, with costs to respondents payable out of the estate, in a memorandum: Where, as here, the record indicates that testator was pliable and easily taken advantage of, as proponent admitted, that there was a long and detailed history of dominance and subservience between them, that testator relied exclusively upon proponent’s knowledge and judgment in the disposition of almost all of the material circumstances affecting the conduct of his life, and proponent is willed virtually the entire estate, we consider that a question of fact was presented concerning whether the instrument offered for probate was the free, untrammeled and intelligent expression of the wishes and intentions of testator or the product of the dominance of the beneficiary (Matter of Smith, 95 N. Y. 516; Marx v. McGlynn, 88 N. Y. 357; Matter of Putnam, 257 N. Y. 140; Matter of Satterlee, 281 App. Div. 251, 254).

Concur: Chief Judge Desmond and Judges Dye, Fold, Van Voorhis, Burke, Scileph and Bbegan.

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Order affirmed, with costs to respondents payable out of the estate, in a memorandum: Where, as here, the record indicates that testator was pliable and easily taken advantage of, as proponent admitted, that there was a long and detailed history of dominance and subservience between them, that testator relied exclusively upon proponent’s knowledge and judgment in the disposition of almost all of the material circumstances affecting the conduct of his life, and proponent is willed virtually the entire estate, we consider that a question of fact was presented concerning whether the instrument offered for probate was the free, untrammeled and intelligent expression of the wishes and intentions of testator or the product of the dominance of the beneficiary (Matter of Smith, 95 N. Y. 516; Marx v. McGlynn, 88 N. Y. 357; Matter of Putnam, 257 N. Y. 140; Matter of Satterlee, 281 App. Div. 251, 254).

Concur: Chief Judge Desmond and Judges Dye, Fold, Van Voorhis, Burke, Scileph and Bbegan.

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205 N.E.2d 864, 15 N.Y.2d 825, 257 N.Y.S.2d 941, 1965 N.Y. LEXIS 1595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-kaufmann-ny-1965.

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