undue influence claim (Oregon) · Go Syfert
← Oregon issues

undue influence claim in Oregon

6 Oregon opinions name it 1 courts 1994–2025 3 in the last five years

The cases below were cited by Oregon 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.

Followed or applied (2)

CaseFollowedCited
Williams v. Overtongreen
orctapp · 1985 · cited in 2 Oregon opinions naming this issue, 2024–2024
2 sentences

2024See, e.g., Williams v. Overton, 76 Or App 424, 430-31 , 709 P2d 1115 (1985), rev den, 300 Or 563 (1986) (explaining that the trial court properly approached the will contest “in the traditional manner” by first determining that the will had been duly executed and then turning to undue influence).

2024See, e.g., Williams v. Overton, 76 Or App 424, 430-31 , 709 P2d 1115 (1985), rev den, 300 Or 563 (1986) (explaining that the trial court properly approached the will contest “in the traditional manner” by first determining that the will had been duly executed and then turning to undue influence).

22
Kugel v. Pletzgreen
orctapp · 1975 · cited in 1 Oregon opinions naming this issue, 2025–2025
2 sentences

2025Egr v. Egr et al., 170 Or 1, 8 , 131 P2d 198 (1942) (“Equity will never bind itself by any hard and fast definition of the phrase ‘confidential relation.’ ” (Some inter- nal quotation marks omitted.)). “[C]ourts lay stress on var- ious factors[,]” but “[t]here is always, of course, the actual placing of trust and confidence on at least one occasion, and often such reliance has been exhibited through a series of months or years.” Id. (internal quotation marks omitted); see also Kugel v. Pletz, 22 Or App 248, 252 , 538 P2d 962 (1975) (describing a confidential relationship as involving “a confid

2025Egr v. Egr et al., 170 Or 1, 8 , 131 P2d 198 (1942) (“Equity will never bind itself by any hard and fast definition of the phrase ‘confidential relation.’ ” (Some inter- nal quotation marks omitted.)). “[C]ourts lay stress on var- ious factors[,]” but “[t]here is always, of course, the actual placing of trust and confidence on at least one occasion, and often such reliance has been exhibited through a series of months or years.” Id. (internal quotation marks omitted); see also Kugel v. Pletz, 22 Or App 248, 252 , 538 P2d 962 (1975) (describing a confidential relationship as involving “a confid

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Williamson v. Zielinski green
orctapp · 2023
2 sentences

2024That is, respondents argue that the trial court should have decided the undue influence claim first, and after petitioner’s fail- ure to prove that claim, should have then determined that 772 Rockway v. Rockway petitioner lost standing to bring his other claims based on the no-contest clause.1 We review the trial court’s factual findings for “any evidence in the record” and the “court’s dispositional conclu- sions for errors of law.” Williamson v. Zielinski, 326 Or App 648, 649 , 532 P3d 1257 (2023).

2024That is, respondents argue that the trial court should have decided the undue influence claim first, and after petitioner’s fail- ure to prove that claim, should have then determined that 772 Rockway v. Rockway petitioner lost standing to bring his other claims based on the no-contest clause.1 We review the trial court’s factual findings for “any evidence in the record” and the “court’s dispositional conclu- sions for errors of law.” Williamson v. Zielinski, 326 Or App 648, 649 , 532 P3d 1257 (2023).

22024–2024
City of Damascus v. State of Oregon green
or · 2020
2 sentences

2024Courts often “avoid unnecessarily deciding legal issues that may be presented in a case, if the case can be appropri- ately resolved on more limited grounds.” City of Damascus v. State of Oregon, 367 Or 41 , 68 n 13, 472 P3d 741 (2020).

2024Courts often “avoid unnecessarily deciding legal issues that may be presented in a case, if the case can be appropri- ately resolved on more limited grounds.” City of Damascus v. State of Oregon, 367 Or 41 , 68 n 13, 472 P3d 741 (2020).

22024–2024
Rockway v. Rockway neutral
orctapp · 2024
2 sentences

2024Nonprecedential Memo Op: 336 Or App 769 (2024) 773 court then properly determined that the undue influence claim was moot.

2024Nonprecedential Memo Op: 336 Or App 769 (2024) 773 court then properly determined that the undue influence claim was moot.

22024–2024
In Re the Estate of Reddaway green
or · 1958
2 sentences

1997Underlying the doctrine of undue influence is the principle that “the law will not permit improper influences to control the disposition of a person’s property.” In re Reddaway’s Estate, 214 Or 410, 418 , 329 P2d 886 (1958).

1997Underlying the doctrine of undue influence is the principle that “the law will not permit improper influences to control the disposition of a person’s property.” In re Reddaway’s Estate, 214 Or 410, 418 , 329 P2d 886 (1958).

21997–2000
Egr v. Egr green
or · 1942
2 sentences

2025Egr v. Egr et al., 170 Or 1, 8 , 131 P2d 198 (1942) (“Equity will never bind itself by any hard and fast definition of the phrase ‘confidential relation.’ ” (Some inter- nal quotation marks omitted.)). “[C]ourts lay stress on var- ious factors[,]” but “[t]here is always, of course, the actual placing of trust and confidence on at least one occasion, and often such reliance has been exhibited through a series of months or years.” Id. (internal quotation marks omitted); see also Kugel v. Pletz, 22 Or App 248, 252 , 538 P2d 962 (1975) (describing a confidential relationship as involving “a confid

2025Egr v. Egr et al., 170 Or 1, 8 , 131 P2d 198 (1942) (“Equity will never bind itself by any hard and fast definition of the phrase ‘confidential relation.’ ” (Some inter- nal quotation marks omitted.)). “[C]ourts lay stress on var- ious factors[,]” but “[t]here is always, of course, the actual placing of trust and confidence on at least one occasion, and often such reliance has been exhibited through a series of months or years.” Id. (internal quotation marks omitted); see also Kugel v. Pletz, 22 Or App 248, 252 , 538 P2d 962 (1975) (describing a confidential relationship as involving “a confid

12025–2025
In the Matter of Comegys green
or · 1955
1 sentence

1994In particular, respondent asserts that the controlling inquiry is whether the “relationship is such as to indicate a position of dominance by the one in whom confidence is reposed over the other.” Doneen v. Craven, Executor et al, supra, 204 Or at 522 .

11994–1994

Where else courts name it

CA 17 (1987–2025) PA 15 (2001–2025) TN 14 (1998–2017) WA 12 (1983–2023) TX 11 (1991–2024) AL 10 (1979–2018) IA 9 (2013–2025) WI 8 (1975–2023) NJ 8 (1999–2026) ND 8 (1992–2023) SD 7 (1982–2025) FL 7 (1962–2015) OR 6 (1994–2025) IL 6 (1993–2022) NY 6 (1979–2026) IN 6 (2011–2024) MO 5 (1993–2020) MS 5 (1987–2018) GA 5 (1961–2023) MI 5 (1999–2025) WY 5 (1991–2024) NM 4 (1966–2020) KS 4 (1982–2019) MA 4 (2008–2025) OH 4 (2016–2024) NC 3 (1990–2021) VA 3 (1988–2017) AZ 2 (2021–2023) CT 2 (2023–2023) ME 2 (1995–2005) WV 2 (1980–2014) MD 2 (2022–2022) AR 2 (2001–2008) CO 2 (2008–2017) NV 2 (2008–2008) NE 2 (2015–2017)

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.

← Caselaw search · G Cite Topics · Brief Check