Matter of Chouake

Summary

The Appellate Division, Second Department reversed the decree admitting Shoshannah Chouake’s will to probate insofar as appealed from. The court held that the petitioner failed to eliminate triable issues of fact regarding a confidential relationship with the decedent and whether the will resulted from undue influence. The court therefore denied summary judgment dismissing the undue-influence objection.

Holdings

1. A movant seeking summary judgment dismissing an objection based on undue influence bears the prima facie burden of demonstrating that the will was not the product of undue influence and must eliminate all triable issues of fact.
2. When evidence establishes a confidential relationship between a decedent and beneficiary through circumstances demonstrating inequality or controlling influence, an inference of undue influence arises and the beneficiary must explain the circumstances of the transaction.

Questions Presented

1. Whether the petitioner established as a matter of law that the decedent's will was not the product of undue influence.
2. Whether the evidence of the petitioner's relationship with the decedent, including his prior legal assistance, power of attorney, involvement in preparation of the will, and the decedent's terminal illness, left triable issues of fact concerning a confidential relationship and undue influence.

Disposition

reversed