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Wills, Trusts & Estates Keyed to Gallanis
Latham v. Father Divine
Citation:
85 N.E. 2d 168 (N.Y.Ct.App. 1949)Facts
Plaintiffs are first cousins, but not distributees, of Mary Sheldon Lyon, who died in October 1946, leaving a will, executed in 1943, which gave almost her whole estate to defendant Father Divine, leader of religious cult. Said will has been probated under a compromise agreement with the distributees, by the terms of which agreement, to which plaintiffs were not parties, the defendants just above referred to will receive a large sum from the estate. Decedent on several occasions expressed a desire and a determination to revoke the said will, and to execute a new will by which the plaintiffs would receive a substantial portion of the estate, and shortly prior to the death of the deceased she had certain attorneys draft a new will in which the plaintiffs were named as legatees for a very substantial amount. By reason of the said false representations, the said undue influence and the said physical force certain of the defendants prevented the deceased from executing the said new will.
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Misrepresentation