Purcell v. Burroughs

Headnote

Purcell v. Burroughs, 167 App. Div. 951 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial' department, entered March 6, 1915, affirming a judgment in favor of defendants entered upon a verdict directed by the court in an action under section 2653a of'the Code of Civil Procedure to contest the validity of the will of Catherine A. Purcell, deceased. The complaint in this action alleges the following as the grounds for setting aside the will: “That said alleged will of Catherine A. Purcell was not executed by her in conformity with the requirements of the law. That at the time of the alleged signing and execution thereof the said Catherine A. Purcell was of unsound mind and incapable of mating valid testamentary disposition of her property. That the execution thereof, if the same was ever executed by the said Catherine A. Purcell, was secured by the fraud and

undue influence of William Purcell, deceased, her late husband, whereby the intent and purpose of the said Catherine A. Purcell in making a testamentary disposition of her property was overcome and destroyed, and the desire, will and purpose of the said William Purcell, deceased, was substituted therefor.”