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Wills, Trusts & Estates Keyed to Bonfield
Latham v. Father Divine
Citation:
85 N.E. 2d 168 (N.Y. 1949)Facts
Mary Sheldon Lyon’s first cousins, the plaintiffs, assert that although her 1943 will left nearly her entire estate to Father Divine, his religious organization, and his followers, she later intended to revoke it in favor of them. They claim she repeatedly expressed her determination to draft a new will and even had attorneys prepare one, naming them as beneficiaries of approximately $350,000. However, they allege that the defendants—through fraud, undue influence, and physical force—prevented her from executing the new will. Furthermore, they contend that shortly before her death, when she reaffirmed her intent to finalize the new will, the defendants conspired to murder her by arranging a surgical procedure without her relatives’ knowledge or consent, ensuring they retained their inheritance under the 1943 will.
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6m 20s