In Re the Probate of the Will of Smith

New York Court of Appeals · Decided 1884-04-15

Cited by 153 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Andrews, J. Undue influence, which is a species of fraud, when relied upon to annul a transaction inter partes, or a testamentary disposition, must be proved, and cannot be presumed. But the relation in which the parties to a transaction stand to each other, is often a material circumstance and may of itself in some cases be sufficient to raise a presumption of it…

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