Murray test (Mississippi) · Go Syfert
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Murray test in Mississippi

12 Mississippi opinions name it 1 courts 1987–2007 0 in the last five years

The cases below were cited by Mississippi 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
Mullins v. Ratcliffgreen
miss · 1987 · cited in 4 Mississippi opinions naming this issue, 1993–2007
2 sentences

1993In Mullins v. Ratcliff , we re-stated the third prong of the Murray test, declaring that "`independent consent and action' is the appropriate third prong of the test." Mullins v. Ratcliff, 515 So.2d 1183, 1194 (Miss. 1987).

1993In Mullins v. Ratcliff , we re-stated the third prong of the Murray test, declaring that "`independent consent and action' is the appropriate third prong of the test." Mullins v. Ratcliff, 515 So.2d 1183, 1194 (Miss. 1987).

44
Murray v. Lairdgreen
miss · 1984 · cited in 5 Mississippi opinions naming this issue, 1991–2002
2 sentences

2001This third prong of the Murray test for rebutting the presumption of undue influence, was formerly stated by this Court as, "Advice of (a) competent person, (b) disconnected from the grantee and (c) devoted wholly to the grantor/testator's interest." Murray, 446 So.2d at 578 .

2001This third prong of the Murray test for rebutting the presumption of undue influence, was formerly stated by this Court as, "Advice of (a) competent person, (b) disconnected from the grantee and (c) devoted wholly to the grantor/testator's interest." Murray, 446 So.2d at 578 .

35
Barker v. Wingogreen
scotus · 1972 · cited in 2 Mississippi opinions naming this issue, 2006–2007
2 sentences

2007See Barker, 407 U.S. at 532 , 92 S.Ct. 2182 . ¶ 33.

2007See Barker, 407 U.S. at 532 , 92 S.Ct. 2182 . ¶ 33.

22
Matter of Will of Fankbonergreen
miss · 1994 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002In re Fankboner, 638 So.2d 493, 495 (Miss.1994)(citing Murray v. Laird, 446 So.2d 575, 578 (Miss.1984) modified, Mullins v. Ratcliff, 515 So.2d 1183, 1193 (Miss. 1987)). ¶ 14.

2000In re Fankboner, 638 So.2d 493,495 (Miss. 1994)(citing Murray v. Laird, 446 So.2d 575, 578 (Miss. 1984) modified, Mullins v. Ratcliff, 515 So.2d 1183, 1193 (Miss. 1987)). ¶14.

22
In Re Estate of Smithgreen
miss · 1998 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002This Court in In Re Last Will and Testament and Estate of Smith, 722 So.2d 606, 612 (Miss.1998), set forth the modified Murray test with its enumerated factors to overcome this presumption of undue influence, by clear and convincing evidence, as follows: 1.

2000This Court in In Re Last Will and Testament and Estate of Smith, 722 So.2d 606, 612 (Miss. 1998), set forth the modified Murray test with its enumerated factors to overcome this presumption of undue influence, by clear and convincing evidence, as follows: 1.

22
Blissard v. Whitegreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1987–1987
2 sentences

1987See also, Blissard v. Estate of White, 515 So.2d 1196 (Miss. 1987).

1987See also, Blissard v. Estate of White, 515 So.2d 1196 (Miss. 1987).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
United States v. Young green
scotus · 1985
2 sentences

2003Murray relies on United States v. Young, 470 U.S. 1 , 105 S.Ct. 1038 , 84 L.Ed.2d 1 (1985), in arguing that the door was not opened.

2003Murray relies on United States v. Young, 470 U.S. 1 , 105 S.Ct. 1038 , 84 L.Ed.2d 1 (1985), in arguing that the door was not opened.

22001–2003

Where else courts name it

PA 17 (1997–2023) MS 12 (1987–2007) OH 9 (1989–2025) FL 8 (1994–2025) TX 7 (1980–2024) CA 6 (1979–2025) UT 6 (2004–2023) MA 5 (1989–2019) NY 4 (1992–2021) GA 4 (2000–2018) IN 4 (2002–2019) LA 4 (1987–2017) IL 4 (2008–2023) WI 4 (2002–2024) DE 3 (1995–2026) MO 3 (1991–2005) TN 3 (1998–2016) MD 3 (2005–2012) MT 2 (1993–2007) AR 2 (2003–2012) VA 2 (1985–2026) HI 2 (2017–2017) CO 2 (2002–2019) AL 2 (1999–2005) KS 2 (2015–2015) VT 2 (2006–2017)

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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