7 Florida opinions name it 2 courts 1962–2015 0 in the last five years
The cases below were cited by Florida 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 |
|---|---|---|
In Re Palmer's Estategreen2 sentences1962We would refer, however, to In re Reid’s Estate, supra; In re Palmer’s Estate, Fla.1950, 48 So.2d 732 ; In re Auerbacher’s Estate, Fla.1949, 41 So.2d 659 ; and to the broad definitive statement of the doctrine of undue influence in 1 Page on Wills, Lifetime Ed., § 184: “The theory which underlies the doctrine of undue influence is that testator is induced by various means, to execute an instrument which, although his, in outward form, is in reality not his will, but the will of another person which is substituted for that of testator. 1962We would refer, however, to In re Reid's Estate, supra; In re Palmer's Estate, Fla. 1950, 48 So.2d 732 ; In re Auerbacher's Estate, Fla. 1949, 41 So.2d 659 ; and to the broad definitive statement of the doctrine of undue influence in 1 Page on Wills, Lifetime Ed., § 184: "The theory which underlies the doctrine of undue influence is that testator is induced by various means, to execute an instrument which, although his, in outward form, is in reality not his will, but the will of another person which is substituted for that of testator. | 1 | 3 |
In Re Estate of Perezgreen1 sentence2015As the trial court found, the decedent was “susceptible to undue influence due to his declining physical state, anxiety disorders, depression, and progressive dementia.” See Hack v. Estate of *392 Helling, 811 So.2d 822, 826 (Fla. 5th DCA 2002) (stating that a testator’s “failed mental capacity ... is a factor which should be considered, as supporting the undue influence claim.”); In re Perez’ Estate, 206 So.2d 58, 59 (Fla. 3d DCA 1968) (“It is true ... that the amount of undue influence need not be great where a testator is weak and his intellect clouded.”). | 1 | 1 |
Hack v. Estate of Hellinggreen1 sentence2015As the trial court found, the decedent was “susceptible to undue influence due to his declining physical state, anxiety disorders, depression, and progressive dementia.” See Hack v. Estate of *392 Helling, 811 So.2d 822, 826 (Fla. 5th DCA 2002) (stating that a testator’s “failed mental capacity ... is a factor which should be considered, as supporting the undue influence claim.”); In re Perez’ Estate, 206 So.2d 58, 59 (Fla. 3d DCA 1968) (“It is true ... that the amount of undue influence need not be great where a testator is weak and his intellect clouded.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Auerbacher's Estate
green
2 sentences1962We would refer, however, to In re Reid’s Estate, supra; In re Palmer’s Estate, Fla.1950, 48 So.2d 732 ; In re Auerbacher’s Estate, Fla.1949, 41 So.2d 659 ; and to the broad definitive statement of the doctrine of undue influence in 1 Page on Wills, Lifetime Ed., § 184: “The theory which underlies the doctrine of undue influence is that testator is induced by various means, to execute an instrument which, although his, in outward form, is in reality not his will, but the will of another person which is substituted for that of testator. 1962We would refer, however, to In re Reid's Estate, supra; In re Palmer's Estate, Fla. 1950, 48 So.2d 732 ; In re Auerbacher's Estate, Fla. 1949, 41 So.2d 659 ; and to the broad definitive statement of the doctrine of undue influence in 1 Page on Wills, Lifetime Ed., § 184: "The theory which underlies the doctrine of undue influence is that testator is induced by various means, to execute an instrument which, although his, in outward form, is in reality not his will, but the will of another person which is substituted for that of testator. | 2 | 1962–1962 |
Hoffman v. Kohns
green
1 sentence2009Genova reached the supreme court as a consequence of the conflict between this court’s decision in Genova and the Second District’s decision in Hoffman v. Kohns, 385 So.2d 1064 (Fla. 2d DCA 1980). | 1 | 2009–2009 |
FLA. NAT. BANK OF PALM BEACH CTY. v. Genova
green
1 sentence2009Upon defendant Wedell’s motion, the trial court dismissed the suit with prejudice, finding our supreme court’s decision in Florida National Bank of Palm Beach County v. Genova, 460 So.2d 895 (Fla. 1984), bars an undue influence challenge to a settlor’s removal of funds from her revocable trust. | 1 | 2009–2009 |
In Re Estate of Lewis
green
1 sentence2009The Fourth District reversed based on section 733.106(3), stating: “[the devisee] was successful in maintaining the testamentary devise to himself with the net result being that the terms of the will were upheld.” 442 So.2d at 291-92 . | 1 | 2009–2009 |
Brignati v. Medenwald
green
2 sentences1981Brignati v. Medenwald, 315 Mass. 636 , 53 N.E.2d 673 (1944). 1981Brignati v. Medenwald, 315 Mass. 636 , 53 N.E.2d 673 (1944). | 1 | 1981–1981 |
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.