8 New Jersey opinions name it 2 courts 1999–2026 3 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 |
|---|---|---|
Pascale v. Pascalegreen2 sentences2019See Pascale v. Pascale, 113 N.J. 20, 30 (1988) (citations omitted) ("In respect of an inter vivos gift, a presumption of undue influence arises when the contestant proves that the donee dominated the will of the donor, or when a confidential relationship exists between donor and donee."). 2003In re Dodge, 50 N.J. 192, 227-29 , 234 A.2d 65 (1967); see Pascale v. Pascale, 113 N.J. 20, 29-31 , 549 A.2d 782 (1988). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jordan v. Reed
neutral
1 sentence2026In denying the motion for a new trial, the court, citing Jorden v. Reed, 77 N.J.L. 584 (E. & A. 1908), noted the "variance between pleadings and the evidence at trial is of no great consequence." The court also pointed out that no objection to the evidence supporting undue influence was made at trial. | 1 | 2026–2026 |
Estate of Ostlund v. Ostlund
green
1 sentence2024Although we acknowledge it might be possible to make the inference Therese A-1772-21 13 urges, we are reluctant to do so as the court omitted entirely any discussion of the role Therese played in the changes to her father's Will, and the cases make clear "the mere existence of family ties does not create . . . a confidential relationship." Estate of Ostlund v. Ostlund, 391 N.J. | 1 | 2024–2024 |
In Re Hoover
green
1 sentence2024Our decision to vacate the court's order rejecting the undue-influence claim and remand for reconsideration shall not be construed as expressing an opinion on the claim's merits. 6 We note that in its discussion of Daniel's claim decedent lacked the testamentary capacity to execute the will, the court correctly explained that Daniel had the burden of establishing a lack of testamentary capacity by "clear and convincing evidence," see Hoover's Est., 21 N.J. | 1 | 2024–2024 |
Cesare v. Cesare
green
1 sentence2020Thus, she was not unduly influenced—despite defendants' best efforts." A-0765-19T1 10 hearing all of the testimony and evidence, the trial court assessed witnesses for both sides and found "the parties are really in equipoise with these issues." As noted, we accept findings by the trial court that are "supported by adequate, substantial, credible evidence." Cesare, 154 N.J. at 412 . | 1 | 2020–2020 |
In Re Niles
green
1 sentence2016Ibid. | 1 | 2016–2016 |
In Re Dodge
green
2 sentences2003In re Dodge, 50 N.J. 192, 227-29 , 234 A.2d 65 (1967); see Pascale v. Pascale, 113 N.J. 20, 29-31 , 549 A.2d 782 (1988). 2003In re Dodge, 50 N.J. 192, 227-29 , 234 A.2d 65 (1967); see Pascale v. Pascale, 113 N.J. 20, 29-31 , 549 A.2d 782 (1988). | 1 | 2003–2003 |
Haynes v. First Nat'l State Bk. of NJ
green
2 sentences1999However, the trial judge went on to follow the undue influence analysis applied to a will in Haynes v. First Nat’l State Bank of N.J., 87 N.J. 163 , 432 A.2d 890 (1981). 1999However, the trial judge went on to follow the undue influence analysis applied to a will in Haynes v. First Nat’l State Bank of N.J., 87 N.J. 163 , 432 A.2d 890 (1981). | 1 | 1999–1999 |
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.