Trusts and Estate Update

Duress as an Objection to Probate

, New York Law Journal


In her Trusts and Estate Update, Ilene Sherwyn Cooper write that Surrogate's Court decisions on the question of duress, though sporadic, have utilized the approach taken in 2011 by the New York County Surrogate's Court in 'Matter of Rosasco' and the Restatement [Third] Property in analyzing the issue. Recently, the opinions in 'In re Young' and 'In re Alini' have followed suit, each addressing the question of duress, but with differing results.

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