Richard D. Haynes and Charles E. Haynes, Plaintiffs-Appellants v. First National State Bank of New Jersey

Summary

The Supreme Court of New Jersey reversed the lower courts and remanded for a new trial, holding that when an attorney who drafted a will also represents a beneficiary, the presumption of undue influence must be overcome by clear and convincing evidence, and that in terrorem clauses are unenforceable where probable cause exists, even in trusts. Justice Clifford dissented on the in terrorem issue, arguing the clauses should be enforced.