MATTER OF MUNSELL


280 A.D. 802 (1952)

In the Matter of the Probate of The Will of Juliet E. O. Munsell, Deceased. (Two Proceedings.) Juliet Knowles et al., Appellants; George W. Gravenhorst et al., as Executors of Paul G. Gravenhorst, Deceased, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 9, 1952.


Decree unanimously affirmed, with one bill of costs to respondents filing briefs, payable out of the estate.

The principal question presented was whether the exercise by decedent of a power of appointment over a trust fund was caused or procured by fraud or undue influence. In our opinion, there was a total failure to establish either fraud or undue influence; and the proof was overwhelming that the propounded instrument was the decedent's free act and deed. The direction...

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