In re Kaufmann’s Will
New York Appellate Division
247 N.Y.S.2d 664 (1964)
Multimillionaire Robert Kaufmann hired Walter Weiss (proponent) as his financial consultant; Weiss moved in with Kaufmann, managed all his finances and household affairs, and the two appeared publicly as an affectionate couple, with Kaufmann silently acquiescing even when Weiss confronted and threw out a young man Kaufmann had brought to a hotel. Over the years Kaufmann's wills left progressively more to Weiss, eventually his entire estate, accompanied by a letter to his family explaining Weiss's importance to him; Kaufmann also gave Weiss spouse-like control over his finances and medical decisions. After two jury trials found undue influence, Kaufmann's brother Joel (contestant) sought to have the will set aside, and Weiss appealed.
Whether a testator's long history of subservience to a person on whose judgment he heavily relies, combined with leaving that person most or all of the estate, raises a triable question of fact as to whether the disposition resulted from that person's dominance.