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MATTER OF ESTATE OF MacGUIGAN

1588, 1344/12.

140 A.D.3d 625 (2016)

34 N.Y.S.3d 42

2016 NY Slip Op 05082

In the Matter of the Estate of DUNCAN A. MacGUIGAN, Deceased. LORRE ENG, Respondent; CANDACE ROOSEVELT, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2016.

In order to invalidate a will based on undue influence, it must be shown that the influence exerted "amounted to a moral coercion, which restrained independent action and destroyed free agency, or which, by importunity which could not be resisted, constrained the testator to do that which was against his free will and desire, but which he was unable to refuse or too weak to resist. It must not be the promptings of affection; the...

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