Appellate Division of the Supreme Court of New York, 1936

In re the Probate of the Last Will & Testament of Richards

In re the Probate of the Last Will & Testament of Richards
Appellate Division of the Supreme Court of New York · Decided December 23, 1936
249 A.D. 793; 292 N.Y.S. 384; 1936 N.Y. App. Div. LEXIS 6028
In re the Probate of the Last Will & Testament of Richards

Opinion of the Court

Decree reversed on the law, with costs, and matter remitted to the Surrogate’s Court with directions to admit the will to probate. Memorandum: The jury having found, on sufficient evidence, that the testator was of sound mind, we find no evidence, of substance, that undue influence was practiced upon him. It is not enough that the will is not as his heirs would have liked it, or is not such as a jury or court might think just. It is true that direct proof of undue influence is difficult to obtain and is not required; but here we are unable to find, in the record, proof or circumstances from which an inference can be drawn that undue influence was used. The will should, therefore, be admitted to probate. (Matter of Burnham, 234 N. Y. 475.) All concur. (The decree denies probate of a will.) Present — Sears, P. J., Edgeomb, Thompson, Crosby and Lewis, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.