New York Court of Appeals

Adelaide L. Post, Appellants v. Francis O. Mason, Executors

March 6, 188391 N.Y. 539

Summary

The Court affirmed the judgment dismissing the action to set aside John Post's will, holding that a legacy to the attorney who drafted the will does not create a presumption of fraud or undue influence, that the burden of proof lies with the party alleging fraud, that probate of a personal‑property will is conclusive and not subject to equitable set‑aside, and that a misdirection in jury instructions does not automatically require a new trial.