New York Court of Appeals

Samuel Gardiner v. William C. Gardiner and others

September 15, 186534 N.Y. 155

Summary

The Court of Appeals affirmed the surrogate's probate judgment, holding that the testatrix possessed testamentary capacity and that the will and codicil were not procured by undue influence. The Court found the evidence on capacity credible and concluded any influence was lawful and did not overcome the testatrix's free will.