Haynes v. First National State Bank of New Jersey

Facts

Testator was left a large estate after the death of her husband. She had two daughters, Betty Haynes and Dorcas Cotsworth, each who had children of their own. Haynes and her two sons came to live with testator after her husband’s death. Gaynes’ sons moved away at the disappointment of their grandmother, however Gaynes continued to live with her mother until her own death. Testator then went to live with her younger daughter, Cotsworth. During testator’s lifetime she executed many wills and trusts agreements which were prepared by a long time family attorney, Richard Stevents. After moving in with her younger daughter, testator executed a will leaving most of her estate to her daughter Cotsworth and very little to her two grandsons. This will was drawn up by the Cotsworth family attorney after several conversations between the Cotsworth family and the attorney. Plaintiffs, testator’s grandsons, sought to set aside the will on grounds of undue influence arising from the confidential relationship between testator and her daughter, the chief beneficiary. The trial court held that the Defendants rebutted the presumption of undue influence and that an in terrorem clause in the will was unenforceable. The appeals court affirmed but held the clause enforceable. Plaintiffs now appeal.