What is the test for a claim of moral coercion?
The following excerpt is from In the Matter of Petix, 2007 NY Slip Op 51085(U) (N.Y. County Ct. 5/29/2007), 2007 NY Slip Op 51085 (N.Y. Cty. Ct. 2007):
it must be shown that the influence exercised 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. Children's Aid Society of the City of NY v. Loveridge, 70 NY 387, 394.
which requires proof that the perpetrator of the undue influence has imposed completely his own
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
