undue influence is applicable doctrine (Tennessee) · Go Syfert
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undue influence is applicable doctrine in Tennessee

14 Tennessee opinions name it 1 courts 1996–2026 2 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
In Re Estate of Brevardgreen
tennctapp · 2006 · cited in 9 Tennessee opinions naming this issue, 2008–2026
2 sentences

2026See Estate of Brevard, 213 S.W.3d at 302 (“[T]he doctrine of undue influence is applicable only where there is a confidential relationship.”) (footnote omitted).

2017Thus, “the doctrine of undue influence is applicable only where there is a confidential relationship with the testator whereby one party is able to dominate and exercise undue influence over the testator....” In re Estate of Brevard, 213 S.W.3d 298, 302 (Tenn. Ct. App. 2006), perm. app. denied (Tenn. 2007).

99
Keasler v. Estate of Keaslergreen
tennctapp · 1997 · cited in 8 Tennessee opinions naming this issue, 2006–2015
2 sentences

2015“The doctrine of undue influence is applicable only where there is a confidential relationship[.]” In re Estate of Brevard, 213 S.W.3d 298, 302 (Tenn. Ct. App. 2006) (citing Keasler v. Estate of Keasler, 973 S.W.2d 213, 219 (Tenn. Ct. App. 1997); Simmons v. Foster, 622 S.W.2d 838, 840 (Tenn. Ct. App. 1981)).

2015“The doctrine of undue influence is applicable only where there is a confidential relationship[.]” In re Estate of Brevard, 213 S.W.3d 298, 302 (Tenn. Ct. App. 2006) (citing Keasler v. Estate of Keasler, 973 S.W.2d 213, 219 (Tenn. Ct. App. 1997); Simmons v. Foster, 622 S.W.2d 838, 840 (Tenn. Ct. App. 1981)).

88
Simmons v. Fostergreen
tennctapp · 1981 · cited in 6 Tennessee opinions naming this issue, 2006–2015
2 sentences

2015“The doctrine of undue influence is applicable only where there is a confidential relationship[.]” In re Estate of Brevard, 213 S.W.3d 298, 302 (Tenn. Ct. App. 2006) (citing Keasler v. Estate of Keasler, 973 S.W.2d 213, 219 (Tenn. Ct. App. 1997); Simmons v. Foster, 622 S.W.2d 838, 840 (Tenn. Ct. App. 1981)).

2015“The doctrine of undue influence is applicable only where there is a confidential relationship[.]” In re Estate of Brevard, 213 S.W.3d 298, 302 (Tenn. Ct. App. 2006) (citing Keasler v. Estate of Keasler, 973 S.W.2d 213, 219 (Tenn. Ct. App. 1997); Simmons v. Foster, 622 S.W.2d 838, 840 (Tenn. Ct. App. 1981)).

66
Kelley v. Johnsgreen
tennctapp · 2002 · cited in 3 Tennessee opinions naming this issue, 2009–2015
2 sentences

2015Although there exists no prescribed number of suspicious circumstances which must be met in order to invalidate an action, “the doctrine of undue influence is applicable only where there is a confidential relationship[.]” “Confidential relationships can assume a variety of forms, and thus the courts have been hesitant to define precisely what a confidential relationship is.” Kelley v. Johns, 96 S.W.3d 189, 197 (Tenn. Ct. App. 2002).

2012In general, a confidential relationship is one “that gives one person the ability to exercise dominion and control over another.” Kelley v. Johns, 96 S.W.3d 189, 197 (Tenn. Ct. App. 2002).

33
Robinson v. Robinsongreen
tennctapp · 1974 · cited in 1 Tennessee opinions naming this issue, 2009–2009
1 sentence

2009“Confidential relationships can assume a variety of forms, and thus the courts have been hesitant to define precisely what a confidential relationship is.” Kelley v. Johns, 96 S.W.3d 189, 197 (Tenn. Ct. App.2002) (citing Robinson v. Robinson, 517 S.W.2d 202, 206 (Tenn. Ct. App.1974)).

11
Iacometti v. Frassinelligreen
tennctapp · 1973 · cited in 1 Tennessee opinions naming this issue, 2006–2006
1 sentence

2006A confidential relationship is “that relationship where confidence is placed by one in the other and the recipient of that confidence is the dominant personality, with the ability, because of that confidence, to influence and exercise dominion over the weaker or dominated party....” Iacometti v. Frassinelli, 494 S.W.2d 496, 499 (Tenn.Ct.App.1973), quoted in Kelley, 96 S.W.3d at 197.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Fritts v. Abbott green
tennctapp · 1996
2 sentences

2022“The doctrine of undue influence is applicable when a confidential relationship is shown which places one party in a position to exercise control over the mind and will of another.” Fritts v. Abbott, 938 S.W.2d 420 (Tenn. Ct. App. 1996).

2022The ultimate inquiry is “whether the weaker party’s decision was a free and independent one or whether it was induced by the dominant party.” Id. at 421 .

12022–2022
Bright v. Bright green
tennctapp · 1986
1 sentence

1996Bright v. Bright, 729 S.W.2d 106 (Tenn.App.1986).

11996–1996

Where else courts name it

TN 14 (1996–2026) VT 2 (1981–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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