MATTER OF AMERICAN COMMITTEE FOR THE WEIZMANN INSTITUTE OF SCIENCE v. DUNN


36 A.D.3d 419 (2007)

827 N.Y.S.2d 134

In the Matter of THE AMERICAN COMMITTEE FOR THE WEIZMANN INSTITUTE OF SCIENCE, Appellant, v. JENNIFER DUNN, Individually and as Executor of DORIS WEINGARTEN, Deceased, et al., Respondents.

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

Decided January 4, 2007.


Granting petitioner every presumption applicable to a pre-answer motion to dismiss, the petition failed to plead a claim sounding in undue influence. Nothing in the record can be taken as a pleading that respondents exercised "moral coercion, which restrained independent action and destroyed free agency, or which, by importunity which could not be resisted, constrained the testator to do that which was against h[er] free will" (Matter of Kumstar, 66...

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