MATTER OF SEYMOUR


190 A.D.2d 739 (1993)

In the Matter of The Estate of Stephanie Seymour, Also Known as Fanny Seymour, Also Known as Hester Seymour, Also Known as Esther Seymour, Deceased. Yvonne H. Clarke, Appellant; Bernice Baptiste, Respondent

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

February 8, 1993


Ordered that the decree is affirmed, with costs payable by the objectant personally.

Contrary to the appellant's assertion, the record supports the jury's finding that the will dated January 3, 1985, was not procured by the undue influence of Bernice Baptiste. The record is devoid of any evidence, direct or circumstantial, of undue influence, and it is well settled that "no inference of undue influence may be drawn from the fact that proponents had the opportunity...

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