In re the Probate of the Will of Kaufmann
Cases that cite this one
7 later published cases cite this decision.
- Estate of Crossmore v. Commissioner (United States Tax Court 1988)
- American Committee for Weizmann Institute of Science v. Dunn (Appellate Division of the Supreme Court of New York 2007)
- In re the Estate of Edel (New York Surrogate's Court 1999)
- In re the Estate of Antoinette (Appellate Division of the Supreme Court of New York 1997)
- In re the Estate of Itta (Appellate Division of the Supreme Court of New York 1996)
- In re the Estate of Collins (Appellate Division of the Supreme Court of New York 1987)
- In re Burke (Appellate Division of the Supreme Court of New York 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.