burden to rebut presumption (Mississippi) · Go Syfert
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burden to rebut presumption in Mississippi

10 Mississippi opinions name it 2 courts 1999–2026 3 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
In Re Estate of Dabneygreen
miss · 1999 · cited in 2 Mississippi opinions naming this issue, 2019–2022
2 sentences

2022The supreme court further held: To rebut the presumption, the proponent must show three things: “(a) good faith on the part of the beneficiary, (b) the testatrix’s full knowledge and deliberation of the consequences of her actions, and (c) the testatrix received the advice of a competent person disconnected from the beneficiary and devoted wholly to [her].” Id. (quoting In re Est. of Dabney, 740 So. 2d 915, 921 (¶19) (Miss. 1999)).

2019In re Estate of Dabney , 740 So.2d 915 , 921 (Miss. 1999) (citing Croft v. Alder , 237 Miss. 713 , 115 So.2d 683 , 686 (1959) ).

12
Harris v. Mississippi Valley State Univ.green
miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2026–2026
1 sentence

2026Valley State Univ., 873 So. 2d 970, 980 (¶19) (Miss. 2004).

11
Marquan D. Stover v. Elaine G. Davisgreen
miss · 2019 · cited in 1 Mississippi opinions naming this issue, 2022–2022
2 sentences

2022“When a presumption of undue influence arises, then the proponent of the will bears the burden to rebut the presumption with clear and convincing evidence that the will was not the result of undue influence.” Stover, 268 So. 3d at 563 (¶12).

2022The supreme court further held: To rebut the presumption, the proponent must show three things: “(a) good faith on the part of the beneficiary, (b) the testatrix’s full knowledge and deliberation of the consequences of her actions, and (c) the testatrix received the advice of a competent person disconnected from the beneficiary and devoted wholly to [her].” Id. (quoting In re Est. of Dabney, 740 So. 2d 915, 921 (¶19) (Miss. 1999)).

11
Smith v. Bellgreen
missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021She could “prevail” in challenging the Appellants’ legitimacy if she “prove[d] beyond a reasonable doubt” that Lester, Ruthie’s legal husband 12 at the time of the children’s birth, “is not, in fact, the biological father.” Smith, 876 So. 2d at 1091 (¶13).

11
Gray v. Stategreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012Gray v. State, 799 So.2d 53, 62 (¶37) (Miss.2001). 3 ¶ 19.

11
Ross v. Eppsgreen
missctapp · 2006 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012See Ross v. Epps, 922 So.2d 847, 849 (¶4) (Miss.Ct.App.2006).

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 (3)

CaseCitedYears
Elkins v. McKenzie green
miss · 2003
2 sentences

2004Elkins, 865 So.2d at 1077 . ¶ 20.

2002Elkins, 865 So.2d at 1077 . ¶20.

22002–2004
White v. State green
miss · 1986
2 sentences

2001Viola cannot claim that the presumption is irrefutable in accordance with the elements set forth in White, 495 So.2d at 1349 .

1999Viola cannot claim that the presumption is irrefutable in accordance with the elements set forth in White, 495 So.2d at 1349 .

21999–2001
Croft v. Alder green
miss · 1959
2 sentences

2019In re Estate of Dabney , 740 So.2d 915 , 921 (Miss. 1999) (citing Croft v. Alder , 237 Miss. 713 , 115 So.2d 683 , 686 (1959) ).

2019In re Estate of Dabney , 740 So.2d 915 , 921 (Miss. 1999) (citing Croft v. Alder , 237 Miss. 713 , 115 So.2d 683 , 686 (1959) ).

12019–2019

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 245 (1933–2026) IN 44 (1982–2020) IL 36 (1978–2025) OH 14 (1998–2026) VA 14 (1987–2026) IA 14 (1993–2023) LA 13 (1989–2018) CA 13 (1991–2026) MI 12 (2013–2024) MS 10 (1999–2026) MO 10 (1964–2014) AR 8 (2012–2024) NC 6 (1936–2025) MN 6 (1997–2016) WI 5 (2004–2024) MT 5 (1984–2010) WA 5 (1990–2018) OR 5 (2006–2025) FL 5 (1991–2012) GA 4 (2005–2019) MD 4 (1987–2015) DE 4 (1912–2020) AZ 3 (1984–2023) PA 3 (1955–1982) NY 3 (2010–2025) WV 3 (2015–2018) SD 3 (2020–2026) TN 2 (2012–2014) NH 2 (1999–2020) KS 2 (2024–2026) AL 2 (1908–2008) OK 2 (1986–2025) ND 2 (1987–2006) NV 2 (2021–2026) MA 2 (2004–2009)

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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