(DOWNLOAD) "Matter Mary F. Philip" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Mary F. Philip
- Author : Supreme Court of New York
- Release Date : January 13, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
DECISION & ORDER Ordered that the order is affirmed insofar as appealed from, with costs payable by the appellant personally. Summary judgment was properly granted since the objectant failed to present any evidence showing that undue influence was
exercised by the petitioner, his wife, or the attorney who drafted the testator's will, to effect a change in the testator's
testamentary intent. Nor was evidence presented that their behavior was fraudulent in that respect. A mere showing of opportunity
and even of motive to exercise undue influence is insufficient to present a triable issue of fact, without additional evidence
that such influence was actually exercised (see, Matter of Walther, 6 N.Y.2d 49, 55). Nor can such inference be reasonably
drawn from circumstances that are not inconsistent with a contrary inference (Matter of Walther, supra). Since there was no
supportable inference of undue influence or fraud the court properly dismissed those objections as a matter of law (see, Matter
of Pascal, 309 NY 108; Matter of Swain, 125 A.D.2d 574; Matter of Hedges, 100 A.D.2d 586).