9 New Jersey opinions name it 1 courts 1992–2025 6 in the last five years
The cases below were cited by New Jersey 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.
| Case | Followed | Cited |
|---|---|---|
Gellert v. Livingstongreen2 sentences2025"The findings of the trial court on the issues of testamentary capacity and undue influence, though not controlling, are entitled to great weight since the trial court had the opportunity of seeing and hearing the witnesses and forming an opinion as to the credibility of their testimony." Gellert v. Livingston, 5 N.J. 65, 78 (1950). 2025Further, "[t]he findings of the trial court on the issues of testamentary capacity and undue influence, though not controlling, are entitled to great weight A-1838-22 4 since the trial court had the opportunity of seeing and hearing the witnesses and forming an opinion as to the credibility of their testimony." Gellert v. Livingston, 5 N.J. 65, 78 (1950). | 8 | 9 |
Matter of Will of Lieblgreen2 sentences2021A-3890-18 8 the trial court had the opportunity of seeing and hearing the witnesses and forming an opinion as to the credibility of their testimony." In re Will of Liebl, 260 N.J. 2018Post-trial fact findings "are entitled to great weight [on appeal] since the trial court had the opportunity of seeing and hearing the witnesses and forming an opinion as to the credibility of their testimony." In re Will of Liebl, 260 N.J. | 6 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Modell
green
1 sentence2017Super. 519, 523 (App. Div. 1992), (quoting Gellert v. Livingston, 5 N.J. 65, 78 (1950)), certif. denied, 133 N.J. 432 (1993). | 1 | 2017–2017 |
Dolson v. Anastasia
green
2 sentences1992Super. 323, 328 , 91 A. 2d 155 (App.Div. 1952), certif. denied, 11 N.J. 211 , 93 A. 2d 819 (1953). *524 Cf. Dolson v. Anastasia, 55 N.J. 2, 6-7 , 258 A. 2d 706 (1969). 1992Super. 323, 328 , 91 A. 2d 155 (App.Div. 1952), certif. denied, 11 N.J. 211 , 93 A. 2d 819 (1953). *524 Cf. Dolson v. Anastasia, 55 N.J. 2, 6-7 , 258 A. 2d 706 (1969). | 1 | 1992–1992 |
Hoover v. Hoover
neutral
1 sentence1992Super. 323, 328 , 91 A. 2d 155 (App.Div. 1952), certif. denied, 11 N.J. 211 , 93 A. 2d 819 (1953). *524 Cf. Dolson v. Anastasia, 55 N.J. 2, 6-7 , 258 A. 2d 706 (1969). | 1 | 1992–1992 |
Moore v. Schultz
neutral
1 sentence1992Super. 323, 328 , 91 A. 2d 155 (App.Div. 1952), certif. denied, 11 N.J. 211 , 93 A. 2d 819 (1953). *524 Cf. Dolson v. Anastasia, 55 N.J. 2, 6-7 , 258 A. 2d 706 (1969). | 1 | 1992–1992 |
In Re Hoover
green
2 sentences1992Additionally, we point out that "[t]he findings of the trial court on the issues of testamentary capacity and undue influence, though not controlling, are entitled to great weight since the trial court had the opportunity of seeing and hearing the witnesses and forming an opinion as to the credibility of their testimony." Gellert v. Livingston, 5 N.J. 65, 78 , 73 A. 2d 916 (1950); In re Hoover, 21 N.J. 1992Super. 323, 328 , 91 A. 2d 155 (App.Div. 1952), certif. denied, 11 N.J. 211 , 93 A. 2d 819 (1953). *524 Cf. Dolson v. Anastasia, 55 N.J. 2, 6-7 , 258 A. 2d 706 (1969). | 1 | 1992–1992 |
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.