New York Court of Appeals

Ephraim v. Horn, Appellants, v. Loren R. Pullman, Respondents

January 29, 187872 N.Y. 269

Summary

The New York Court of Appeals affirmed the surrogate's decree admitting the will of Cornelius Horn to probate, holding that the testator possessed testamentary capacity and that the will was not procured by undue influence. The court emphasized that advanced age alone does not create a presumption of incapacity and that a change in testamentary intent, absent coercion, is insufficient to set aside a will.