will also raise presumption (Mississippi) · Go Syfert
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will also raise presumption in Mississippi

9 Mississippi opinions name it 2 courts 1996–2023 1 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 (4)

CaseFollowedCited
Matter of Will of Fankbonergreen
miss · 1994 · cited in 7 Mississippi opinions naming this issue, 1996–2023
2 sentences

2023“Suspicious circumstances surrounding the creation of the will also raise the presumption [of undue influence].” In re Est. of Smith, 722 So. 2d at 612 (citing Pallatin v. Jones (In re Will of Fankboner), 638 So. 2d 493, 495 (Miss. 1994)). i. Whether Dianne abused her confidential relationship through her involvement in the preparation of the will. ¶19.

2008A presumption of undue influence arises “where a confidential relation exists between a testator and a beneficiary under his will, and the beneficiary has been actively concerned in some way with the preparation or execution of it....” Croft v. Alder, 237 Miss. 713, 722-23 , 115 So.2d 683, 686 (1959); see also, Smith v. Averill, 722 So.2d 606, 612 (18) (Miss.1998) (“Suspicious circumstances surrounding the creation of the will also raise the presumption.”) (citing Pallatin v. Jones, 638 So.2d 493, 495 (Miss.1994)); Genna v. Harrington, 254 So.2d 525, 529 (Miss.1971) (In order for a presumption

77
In Re Estate of Smithgreen
miss · 1998 · cited in 3 Mississippi opinions naming this issue, 2008–2023
2 sentences

2023“Suspicious circumstances surrounding the creation of the will also raise the presumption [of undue influence].” In re Est. of Smith, 722 So. 2d at 612 (citing Pallatin v. Jones (In re Will of Fankboner), 638 So. 2d 493, 495 (Miss. 1994)). i. Whether Dianne abused her confidential relationship through her involvement in the preparation of the will. ¶19.

2008A presumption of undue influence arises “where a confidential relation exists between a testator and a beneficiary under his will, and the beneficiary has been actively concerned in some way with the preparation or execution of it....” Croft v. Alder, 237 Miss. 713, 722-23 , 115 So.2d 683, 686 (1959); see also, Smith v. Averill, 722 So.2d 606, 612 (18) (Miss.1998) (“Suspicious circumstances surrounding the creation of the will also raise the presumption.”) (citing Pallatin v. Jones, 638 So.2d 493, 495 (Miss.1994)); Genna v. Harrington, 254 So.2d 525, 529 (Miss.1971) (In order for a presumption

23
Genna v. Harringtongreen
miss · 1971 · cited in 2 Mississippi opinions naming this issue, 2008–2008
2 sentences

2008A presumption of undue influence arises “where a confidential relation exists between a testator and a beneficiary under his will, and the beneficiary has been actively concerned in some way with the preparation or execution of it....” Croft v. Alder, 237 Miss. 713, 722-23 , 115 So.2d 683, 686 (1959); see also, Smith v. Averill, 722 So.2d 606, 612 (18) (Miss.1998) (“Suspicious circumstances surrounding the creation of the will also raise the presumption.”) (citing Pallatin v. Jones, 638 So.2d 493, 495 (Miss.1994)); Genna v. Harrington, 254 So.2d 525, 529 (Miss.1971) (In order for a presumption

2008A presumption of undue influence arises "where a confidential relation exists between a testator and a beneficiary under his will, and the beneficiary has been actively concerned in some way with the preparation or execution of it...." Croft v. Alder, 237 Miss. 713, 722-23 , 115 So.2d 683, 686 (1959); see also, Smith v. Averill, 722 So.2d 606, 612 (18) (Miss.1998) ("Suspicious circumstances surrounding the creation of the will also raise the presumption.") (citing Pallatin v. Jones, 638 So.2d 493, 495 (Miss.1994)); Genna v. Harrington, 254 So.2d 525, 529 (Miss.1971) (In order for a presumption

22
Croft v. Aldergreen
miss · 1959 · cited in 2 Mississippi opinions naming this issue, 2008–2008
2 sentences

2008A presumption of undue influence arises “where a confidential relation exists between a testator and a beneficiary under his will, and the beneficiary has been actively concerned in some way with the preparation or execution of it....” Croft v. Alder, 237 Miss. 713, 722-23 , 115 So.2d 683, 686 (1959); see also, Smith v. Averill, 722 So.2d 606, 612 (18) (Miss.1998) (“Suspicious circumstances surrounding the creation of the will also raise the presumption.”) (citing Pallatin v. Jones, 638 So.2d 493, 495 (Miss.1994)); Genna v. Harrington, 254 So.2d 525, 529 (Miss.1971) (In order for a presumption

2008A presumption of undue influence arises “where a confidential relation exists between a testator and a beneficiary under his will, and the beneficiary has been actively concerned in some way with the preparation or execution of it....” Croft v. Alder, 237 Miss. 713, 722-23 , 115 So.2d 683, 686 (1959); see also, Smith v. Averill, 722 So.2d 606, 612 (18) (Miss.1998) (“Suspicious circumstances surrounding the creation of the will also raise the presumption.”) (citing Pallatin v. Jones, 638 So.2d 493, 495 (Miss.1994)); Genna v. Harrington, 254 So.2d 525, 529 (Miss.1971) (In order for a presumption

22

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
In Re Estate of Dabney green
miss · 1999
2 sentences

2002"Suspicious circumstances surrounding the creation of the will also raise the presumption of undue influence." Id. at (¶ 21). ¶ 16.

2001"Suspicious circumstances surrounding the creation of the will also raise the presumption of undue influence." Id. at 921 . ¶ 8.

22001–2002

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