56 N.Y.S. 362 | N.Y. Sup. Ct. | 1899
The complaint alleges that the defendant Winters, being a man of thirty-five years of age and the legal adviser of one Annie Marie Hunt, a woman of over seventy years of age, of unsound mind and feeble physical health, and “ contriving and intending, by taking advantage of her weakness, physical infirmities and credulity, to get from her all of her property, induced or persuaded her to many him, and then, as her counselor and legal adviser, by fraud and undue influence, and knowing her to be of unsound mind and without sufficient capacity to make a will,” induced her to make a will leaving to him all her fortune, and also persuaded her by fraud and undue influence to convey to him real estate of great value, without consideration, and to give him a bill of sale of a large amount of personal property, without consideration; and the complaint demands that the will, the conveyance and the bill of sale be declared void, aind asks for an injunction and an accounting. The answer of the defendants Odell and B'ais
Motion granted, with $10 to defendant Winters.