In re Will of Kaufmann 20 A.D.2d 464, 247 N.Y.S. 664, aff'd 15 N.Y.2d 825, 257 N.Y.S.2d 941, 205 N.E.2d 864 (1965) Kaufman had inherited a lot of money. He met Weiss and retained him as a 'financial advisor' (wink wink). Soon after they moved in together and lived together for 10 years until Kaufmann's death. Over the years, Kaufmann appeared to be dependent on Weiss. Weiss maintained the household and operated as a gatekeeper, separating Kaufmann from his two brothers and friends. Weiss had access to Kaufmann's bank accounts and had power of attorney. Kaufmann had a will that left most of his estate to his brothers and other family members, but created a new will leaving a sizeable portion of his estate to Weiss. As part of the new will, Kaufmann wrote a letter explaining all the reasons why he was giving money to Weiss. Kaufmann's relatives challenged the will, claiming that Weiss had undue influence over Kaufmann. The Trial Court found that there had been undue influence and invalidated the will. Weiss appealed. The Appellate Court reversed and ordered a new trial. Kauffman's relatives appealed. The New York Supreme Court affirmed the Trial Court and invalidated the will. The New York Supreme Court found that Weiss had unduly influenced Kauffman. The Court stated that this was not a case of Weiss forcibly ordering Kaufmann to change the will, but instead Weiss subtly gained influence over Kaufmann by isolating him from others. The fact that Kaufmann wanted to be with Weiss did not justify Weiss' actions. The New York Supreme Court found that this case involved, "a marked departure from a prior, natural plan of testamentary disposition which excessively and unnaturally favors a non-relative under circumstances establishing motive, opportunity, overreaching, and persistent involvement in transfers and dispositions of property in contemplation of death." Perhaps they would have felt differently is Kaufmann and Weiss had been heterosexuals... In a dissent, it was suggested that the verdict rested on, "surmise, suspicion, and moral indignation and resentment, not upon the legally required proof of undue influence." If Kaufmann and Weiss hadn't been in a homosexual relationship the court might have been more sympathetic.