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· 4/25/2022

Hahn v. New York Air Brake LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding of independent legal counsel “by itself may be sufficient to end the case regardless of the allocation of the burden of proof”
  • will proponent \has the burden of proving that the decedent had testamentary capacity at the time of her execution of the instrument\
  • presence at time of execution of documents was not enough participation to shift burden
  • burden of proof never shifted where \Russell took no meaningful part in the decedent's decision to supersede her 1988 will in favor of a new disposition that benefitted Russell and his family\
  • fiduciary's \presence at the time of execution of the documents and his arrangement for the attendance of witnesses did not constitute the kind of participation in the transaction\ that would shift burden to him
  • no evidence that beneficiaries isolated decedent from friends or relatives

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.