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6 Indiana opinions name it 1 courts 2011–2024 1 in the last five years
The cases below were cited by Indiana 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 |
|---|---|---|
Scribner v. Gibbsgreen2 sentences2024The party contesting the will need not show “[c]omplete unsoundness of mind . . . ; rather, weakness of mind when combined with other factors is sufficient.” Id. (quoting Nichols, 910 N.E.2d at 229 ). [22] Undue influence “may flow from the abuse of a confidential relationship in which ‘confidence is reposed by one party in another with resulting superiority and influence exercised by the other.’” Moriarty, 150 N.E.3d at 629–30 (quoting Carlson v. Warren, 878 N.E.2d 844, 851 (Ind. Ct. App. 2007)). “[A] confidential relationship sufficient to support an undue influence claim may arise either as 2020Nichols v. Estate of Tyler, 910 N.E.2d 221, 229 (Ind. Ct. App. 2009) (quoting Gast, 858 7 Although not discussed by the parties, we note that “[u]nder Indiana law, a confidential relationship sufficient to support an undue influence claim may arise either as a matter of law or may arise under the particular facts of a case.” Scribner v. Gibbs, 953 N.E.2d 475, 484 (Ind. Ct. App. 2011). | 2 | 2 |
Carlson v. Warrengreen2 sentences2024The party contesting the will need not show “[c]omplete unsoundness of mind . . . ; rather, weakness of mind when combined with other factors is sufficient.” Id. (quoting Nichols, 910 N.E.2d at 229 ). [22] Undue influence “may flow from the abuse of a confidential relationship in which ‘confidence is reposed by one party in another with resulting superiority and influence exercised by the other.’” Moriarty, 150 N.E.3d at 629–30 (quoting Carlson v. Warren, 878 N.E.2d 844, 851 (Ind. Ct. App. 2007)). “[A] confidential relationship sufficient to support an undue influence claim may arise either as 2024The party contesting the will need not show “[c]omplete unsoundness of mind . . . ; rather, weakness of mind when combined with other factors is sufficient.” Id. (quoting Nichols, 910 N.E.2d at 229 ). [22] Undue influence “may flow from the abuse of a confidential relationship in which ‘confidence is reposed by one party in another with resulting superiority and influence exercised by the other.’” Moriarty, 150 N.E.3d at 629–30 (quoting Carlson v. Warren, 878 N.E.2d 844, 851 (Ind. Ct. App. 2007)). “[A] confidential relationship sufficient to support an undue influence claim may arise either as | 1 | 4 |
Nichols v. Estate of Tylergreen2 sentences2024The party contesting the will need not show “[c]omplete unsoundness of mind . . . ; rather, weakness of mind when combined with other factors is sufficient.” Id. (quoting Nichols, 910 N.E.2d at 229 ). [22] Undue influence “may flow from the abuse of a confidential relationship in which ‘confidence is reposed by one party in another with resulting superiority and influence exercised by the other.’” Moriarty, 150 N.E.3d at 629–30 (quoting Carlson v. Warren, 878 N.E.2d 844, 851 (Ind. Ct. App. 2007)). “[A] confidential relationship sufficient to support an undue influence claim may arise either as 2024The party contesting the will need not show “[c]omplete unsoundness of mind . . . ; rather, weakness of mind when combined with other factors is sufficient.” Id. (quoting Nichols, 910 N.E.2d at 229 ). [22] Undue influence “may flow from the abuse of a confidential relationship in which ‘confidence is reposed by one party in another with resulting superiority and influence exercised by the other.’” Moriarty, 150 N.E.3d at 629–30 (quoting Carlson v. Warren, 878 N.E.2d 844, 851 (Ind. Ct. App. 2007)). “[A] confidential relationship sufficient to support an undue influence claim may arise either as | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kutchinski v. Strazzante
green
1 sentence2018Rhoades, 993 N.E.2d at 301 . | 1 | 2018–2018 |
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.