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In the Matter of the Estate of Muriel M. Nealon, Deceased. Christopher J. Nealon, as Executor of the Estate of Muriel M. Nealon, Deceased, Appellant; Peter J. Nealon, Respondent; Tracey McGann, Now Known as Tracey Nealon, Respondent.

Brief

18 Cited authorities

  1. Matter of Walther

    6 N.Y.2d 49 (N.Y. 1959)   Cited 308 times
    In Matter of Walther (6 N.Y.2d 49) the court held that the fact that the draftsman was a stranger to the decedent and was solicited by the proponent did not support a finding of undue influence, in view of the procedures followed in drafting and executing the document, and that further the mere fact that one is the sole legatee or sole distributee is not in itself evidence of the exercise of undue influence.

  2. Gordon v. Bialystoker Center

    45 N.Y.2d 692 (N.Y. 1978)   Cited 154 times
    Finding fiduciary relationship where defendant-nursing home used control over plaintiff's finances to make a gift to the home

  3. People v. Harris

    95 N.Y.2d 316 (N.Y. 2000)   Cited 47 times

    Argued October 12, 2000. Decided November 16, 2000. Appeal, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered November 29, 1999, which affirmed a judgment of the Supreme Court (Lewis L. Douglass, J.), rendered in Kings County upon a verdict convicting defendant of murder in the second degree. De Nice Powell, New York City, and Lynn W. L. Fahey for appellant. Charles J. Hynes, District

  4. Matter of Wood

    52 N.Y.2d 139 (N.Y. 1981)   Cited 78 times

    Argued January 14, 1981 Decided February 17, 1981 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE E. KAHN, S. Francis Bergan for appellant. Karl H. Schrade and John S. Bartlett, Jr., for Frank H. Purzycki and another, respondents. JASEN, J. The issue presented on this appeal is whether an executor, by introducing evidence of the opening of bank accounts and withdrawals therefrom tending to show that property belonging to the estate of decedent was

  5. Matter of Jane B. Buchanan

    245 A.D.2d 642 (N.Y. App. Div. 1997)   Cited 34 times

    December 4, 1997 Appeal from the Surrogate's Court of Broome County (Thomas, S.). Jane B. Buchanan (hereinafter decedent) died on February 18, 1995 at the age of 89 leaving a will dated March 23, 1993 (hereinafter the 1993 will) which, after making several specific bequests, devised the residuary estate to her 12 nieces and nephews in equal shares. The 1993 will purported to revoke certain provisions of a 1988 will (hereinafter the 1988 will) which devised, inter alia, the entire residuary estate

  6. Matter of Antoinette

    238 A.D.2d 762 (N.Y. App. Div. 1997)   Cited 34 times
    In Matter of Antoinette, 238 A.D.2d 762,763, 657 N.Y.S.2d 97 [1997], the Court noted that undue influence is often the product "of a subtle, but pervasive, form of coercion and influence" in which the influencer "manipulate[s]" the other party's "volition to advance [the influencer's] own interests".

  7. In re Nealon

    57 A.D.3d 1325 (N.Y. App. Div. 2008)   Cited 19 times

    No. 502820. December 31, 2008. Appeal from an order of the Surrogate's Court of Schenectady County (Kramer, S.), entered September 18, 2006, which, in a proceeding pursuant to SCPA 2103, granted respondents' motion for summary judgment dismissing the petition. Nicholas E. Tishler, Niskayuna, for Appellant. O'Connell Aronowitz, Albany (Kevin P. Hickey of counsel), for respondents. Before: Peters, Carpinello, Kavanagh and Stein, JJ. concur. Cardona, P.J.Page 1326 Petitioner, the executor of the estate

  8. Matter of Collins

    124 A.D.2d 48 (N.Y. App. Div. 1987)   Cited 48 times

    January 23, 1987 Appeal from the Niagara County Surrogate's Court, Aldo L. DiFlorio, S. Rice, Reid, Broderick Wattengel (Paul H. Reid, Jr., of counsel), for appellants. Grossman, Levine Civiletto (Samuel Civiletto of counsel), for respondent. DOERR, J. Bertha Collins died on June 4, 1981 at the age of 80 years. She was survived by two distributees, her nephews Richard and Robert Hoffman, the objectants in this action. At her death, the decedent left two wills. The first, dated January 31, 1951, left

  9. Matter of Swain

    125 A.D.2d 574 (N.Y. App. Div. 1986)   Cited 41 times

    December 22, 1986 Appeal from the Surrogate's Court, Suffolk County (Signorelli, S.). Justice Kooper has been substituted for the late Justice Gibbons (22 NYCRR 670.2 [c]). Ordered that the decree is reversed insofar as appealed from, on the law, without costs or disbursements, the proponent's motion for judgment as a matter of law on the issues of testamentary capacity, undue influence and fraud is granted with the direction that the will be admitted to probate, and the proceeding is remitted to

  10. In re Estate of Jacobs

    93 A.D.3d 917 (N.Y. App. Div. 2012)   Cited 6 times

    2012-03-1 In the Matter of the Estate of George W. JACOBS Jr., Deceased.Margaret Mary Bradwell, as Executor of the Estate of George W. Jacobs Jr., Deceased, Respondent;Richard C. Jacobs, Appellant. Tobin & Dempf, L.L.P., Albany (Michael L. Costello of counsel), for appellant. Cooper, Erving & Savage, L.L.P., Albany (Dennis W. Habel of counsel), for respondent. KAVANAGH Tobin & Dempf, L.L.P., Albany (Michael L. Costello of counsel), for appellant. Cooper, Erving & Savage, L.L.P., Albany (Dennis W