John T. Barnard, as Temporary Administrator v. John T. Gantz, Appellants

Summary

The Court of Appeals affirmed the General Term's reversal of the referee's dismissal, holding that the trustees failed to meet the burden of proving the transaction was made voluntarily and intelligently, that the revocation instrument was effective despite lacking a formal seal, and that the supplemental complaint could be treated as a valid request for revocation. The court applied the standard that appellate reversal of a referee's factual findings requires those findings to be against the weight of evidence.