97 A.D.2d 864 | N.Y. App. Div. | 1983
Appeal from an order and judgment of the Surrogate’s Court of Schenectady County (Severson, S.), entered June 24, 1982, which declared null and void a deed from Fred H. Inman to defendant Carlton Fred Inman and a subsequent deed from defendant Carlton Fred Inman to defendant Margaret E. Benjamin, and held that the real property involved was an asset of the estate of Fred H. Iiiman. On April 22, 1974, Fred H. Inman, then 85 years old, deeded his camp on Sacandaga Reservoir in Saratoga County to his son, Carlton Fred Inman. Fred Inman died on July 11, 1974. His will named Carlton Inman and Carlton’s then wife, Irene Inman, as the sole beneficiaries, with Carlton as the executor. On August 2,1976, Carlton Inman deeded the camp to his girlfriend, Margaret Benjamin. On November 8, 1978, Carlton and Irene Inman were divorced. Plaintiff Irene Inman subsequently brought this action alleging that the deed from decedent Fred Inman to Carlton Inman was the product of fraud and undue influence and that both the deed to Carlton and the subsequent