New York Court of Appeals

In the Matter of the Estate of Herman Greiff, Deceased. Helen Greiff, Appellant; Wallace J. Greiff, Respondents

October 27, 199892 N.Y.2d 341

Summary

The New York Court of Appeals reversed the Appellate Division’s decision and remanded the case for the Surrogate’s Court to determine whether, given the nature of the betrothed relationship, the burden of proving lack of fraud, undue influence, or overreaching should shift to the proponent of the prenuptial agreements. The Court clarified that such a burden shift is not presumptive but may be warranted by the particular facts of the relationship.