Latham v. Father Divine

299 N.Y. 22, 85 N.E.2d 168, 11 A.L.R.2d 802 (1949)

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Nature of the Case

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Facts

Mary Lyon died, and her will left her entire estate to Father Divine (D), the leader of a religious cult, and to two corporations controlled by him as well as an individual who was one of the D's active followers. The will was accepted for probate after dispute by Lyon's cousins, Latham (P). P then sued claiming that Lyon had expressed an intention to alter her will to give Ps $350,000 and that Lyon had been prevented from doing so by the false representations, and undue influence of D. Ps also alleged that D conspired to kill Lyon by means of a surgical operation and did so. Ps requested a constructive trust for the $350,000. The suit was dismissed for a failure to state a cause of action. P appealed.