New York Court of Appeals

William F. Nesbit

January 5, 186634 N.Y. 167

Summary

The New York Court of Appeals affirmed the lower court's dismissal of the complaint, holding that the gift of bonds and a check from Mary Smith to Jacob K. Lockman was valid despite Lockman's confidential relationship with the deceased, because there was no fraud, undue influence, or inducement. The court explained that the presumption of fraud in such relations is not absolute and can be overcome by clear proof of fairness, which was present here.