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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

6 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. Feiden v. Feiden

    151 A.D.2d 889 (N.Y. App. Div. 1989)   Cited 100 times
    Holding that the presumption of competency was not overcome because there was "no direct proof that [the individual] was not lucid, alert or oriented at the time of the transaction"

  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. 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

  6. Cole v. Sweet

    80 N.E. 355 (N.Y. 1907)   Cited 25 times
    In Cole, the estate waived the protection of the statute by reading the testimony of an interested witness into evidence.