Why? by Tilly Charles

Author:Tilly, Charles
Language: eng
Format: epub, pdf
ISBN: 9781400837786
Publisher: Princeton University Press

In the case of Laura and Henry Niles, all these conditions applied in one way or another. They led the New Jersey courts to credit all three elements of the test for undue influence: motive, opportunity, and effective intervention. On behalf of the Niles Foundation and of Parkinson’s claims on the Niles’s estate, Geoffrey Parkinson’s attorneys persuaded several New Jersey courts to nullify Niles’ revised 1997 will and to force substantial repayments of money taken from Laura Niles’s estate—and therefore indirectly from the foundation— by Serena and Salvatore Bono. The repayments included legal fees incurred by Parkinson and the Laura J. Niles Foundation. Two justices of the New Jersey Supreme Court dissented from the ruling on fees, citing the American Rule against charging defendants who lose a suit with the plaintiff’s legal fees.

The majority, however, declared that in this case of egregious undue influence, the defendants’ behavior justified an exception to the American Rule. The majority opinion included this passage:

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