8 North Dakota opinions name it 1 courts 1992–2023 2 in the last five years
The cases below were cited by North Dakota 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 |
|---|---|---|
Johnson v. Johnsongreen2 sentences2023Thus, “this first element of undue influence resolves itself into a lessened capacity of the object to make a free contract.” Odorizzi, at 540; see also Johnson, 85 N.W.2d at 221 (“The essential elements of undue influence required to be shown to authorize the cancellation of the deed are that the victim is rendered incapable of acting on his own motives, which implies a weak mentality.”). 6 [¶19] Regarding the first element of an undue influence claim—that Hennessey is a person susceptible to undue influence—the district court held “Hennessey’s complaint fails to assert he is a person who can 2014In cases involving nontestamentary transactions, this Court has defined undue influence as “improper influence [] exercised over the grantor ... in such a way and to such an extent as to destroy his free agency or his voluntary action by substituting for his will the will of another.” Johnson v. Johnson, 85 N.W.2d 211, 221 (N.D.1957). | 2 | 2 |
Erickson v. Olsengreen1 sentence2023Thus, “this first element of undue influence resolves itself into a lessened capacity of the object to make a free contract.” Odorizzi, at 540; see also Johnson, 85 N.W.2d at 221 (“The essential elements of undue influence required to be shown to authorize the cancellation of the deed are that the victim is rendered incapable of acting on his own motives, which implies a weak mentality.”). 6 [¶19] Regarding the first element of an undue influence claim—that Hennessey is a person susceptible to undue influence—the district court held “Hennessey’s complaint fails to assert he is a person who can | 1 | 1 |
Wilson v. Dallasgreen1 sentence2017In Wilson, 743 S.E.2d at 759-60 (footnotes omitted), the South Carolina Supreme Court discussed the good faith requirement in the context of a settlement agreement in litigation raising an undue influence challenge to an estate plan consisting of a will and an irrevocable charitable trust: “The ‘good faith’ requirement has been variously interpreted, with jurisdictions applying definitions that can be categorized along a continuum from a subjective to an objective standard, and they have afforded the claims a level of scrutiny that is less than that given to ordinary contracts, up to what has | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In the Matter of Estate of Stave
green
2 sentences2018For an undue influence claim ultimately to be "submitted to a jury, the evidence must be sufficient with regard to each essential element of the claim and the evidence must also create more than just a mere suspicion of undue activity." In re Estate of Stave , 2007 ND 53 , ¶ 13, 729 N.W.2d 706 (quoting In re Estate of Dion , 2001 ND 53 , ¶ 34, 623 N.W.2d 720 ) (emphasis added). 2018For an undue influence claim ultimately to be "submitted to a jury, the evidence must be sufficient with regard to each essential element of the claim and the evidence must also create more than just a mere suspicion of undue activity." In re Estate of Stave , 2007 ND 53 , ¶ 13, 729 N.W.2d 706 (quoting In re Estate of Dion , 2001 ND 53 , ¶ 34, 623 N.W.2d 720 ) (emphasis added). | 3 | 2018–2021 |
In Re Estate of Dion
green
2 sentences2018For an undue influence claim ultimately to be "submitted to a jury, the evidence must be sufficient with regard to each essential element of the claim and the evidence must also create more than just a mere suspicion of undue activity." In re Estate of Stave , 2007 ND 53 , ¶ 13, 729 N.W.2d 706 (quoting In re Estate of Dion , 2001 ND 53 , ¶ 34, 623 N.W.2d 720 ) (emphasis added). 2018For an undue influence claim ultimately to be "submitted to a jury, the evidence must be sufficient with regard to each essential element of the claim and the evidence must also create more than just a mere suspicion of undue activity." In re Estate of Stave , 2007 ND 53 , ¶ 13, 729 N.W.2d 706 (quoting In re Estate of Dion , 2001 ND 53 , ¶ 34, 623 N.W.2d 720 ) (emphasis added). | 2 | 2018–2018 |
Riskey v. Riskey
green
1 sentence2021Id. (citing In re Estate of Stave, 2007 ND 53, ¶ 9 , 729 N.W.2d 706 ). | 1 | 2021–2021 |
Estate of Baur v. West
green
2 sentences1992In In re Bauers Estate, 79 N.D. 113 , 54 N.W.2d 891 (N.D.1952), the daughter of a testator challenged a will on the grounds the will could not be admitted to probate because the testator had never published, and declared to the witnesses to the instrument, that it was his last will. 1992In In re Bauers Estate, 79 N.D. 113 , 54 N.W.2d 891 (N.D.1952), the daughter of a testator challenged a will on the grounds the will could not be admitted to probate because the testator had never published, and declared to the witnesses to the instrument, that it was his last will. | 1 | 1992–1992 |
Estate of Hamm v. Jenkins
green
1 sentence1992Hamm, supra, 67 Wis.2d p. 294, 227 N.W.2d 34 . | 1 | 1992–1992 |
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.
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.