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Delabarre v. Sees

143 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1913-10-03 English

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p. 1113
DELABARRE v. SEES et al.
(Supreme Court, Appellate Division, Second Department.
October 3, 1913.)

Headnote

Action by Frances Free-land Delabarre against Anna S. Sees, individually, and as executrix, etc., and Maria L. De-Eabarre.

Judgment and order reversed, and new trial granted, costs to abide the final award of costs, on the ground that the proofs fall short of showing any undue influence by the appellant. Surmise and con]ecture as to how the deceased came so violently to disagree with his brother do not sustain a verdict. A possibility that undue influence may have been used cannot 3ustify setting aside a will upon that ground.