violent presumption (Virginia) · Go Syfert
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violent presumption in Virginia

6 Virginia opinions name it 1 courts 1885–2015 0 in the last five years

The cases below were cited by Virginia 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 (3)

CaseFollowedCited
Whithlaw's Ex'or v. Simsgreen
va · 1894 · cited in 4 Virginia opinions naming this issue, 1929–2011
2 sentences

2011E.g., Hartman v. Strickler, 82 Va. 225, 238 , ___ S.E. ___ (1886) ("Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence.") (emphasis added); Whitelaws v. Sims, 90 Va. 588, 589 , 19 S.E. 113, 113 (1894) ("old person"); Culpepper v. Robie, 155 Va. 64, 87 , 154 S.E. 687, 696 (1930) ("`old man'") (quoting Hartman, 82 Va. at 237 ).

2011E.g., Hartman v. Strickler, 82 Va. 225, 238 , ___ S.E. ___ (1886) ("Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence.") (emphasis added); Whitelaws v. Sims, 90 Va. 588, 589 , 19 S.E. 113, 113 (1894) ("old person"); Culpepper v. Robie, 155 Va. 64, 87 , 154 S.E. 687, 696 (1930) ("`old man'") (quoting Hartman, 82 Va. at 237 ).

14
Hartman v. Stricklergreen
va · 1886 · cited in 3 Virginia opinions naming this issue, 1936–2011
2 sentences

2011E.g., Hartman v. Strickler, 82 Va. 225, 238 , ___ S.E. ___ (1886) ("Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence.") (emphasis added); Whitelaws v. Sims, 90 Va. 588, 589 , 19 S.E. 113, 113 (1894) ("old person"); Culpepper v. Robie, 155 Va. 64, 87 , 154 S.E. 687, 696 (1930) ("`old man'") (quoting Hartman, 82 Va. at 237 ).

2011E.g., Hartman v. Strickler, 82 Va. 225, 238 , ___ S.E. ___ (1886) ("Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence.") (emphasis added); Whitelaws v. Sims, 90 Va. 588, 589 , 19 S.E. 113, 113 (1894) ("old person"); Culpepper v. Robie, 155 Va. 64, 87 , 154 S.E. 687, 696 (1930) ("`old man'") (quoting Hartman, 82 Va. at 237 ).

13
Culpepper v. Robiegreen
va · 1930 · cited in 2 Virginia opinions naming this issue, 1937–2011
2 sentences

2011E.g., Hartman v. Strickler, 82 Va. 225, 238 , ___ S.E. ___ (1886) ("Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence.") (emphasis added); Whitelaws v. Sims, 90 Va. 588, 589 , 19 S.E. 113, 113 (1894) ("old person"); Culpepper v. Robie, 155 Va. 64, 87 , 154 S.E. 687, 696 (1930) ("`old man'") (quoting Hartman, 82 Va. at 237 ).

2011E.g., Hartman v. Strickler, 82 Va. 225, 238 , ___ S.E. ___ (1886) ("Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence.") (emphasis added); Whitelaws v. Sims, 90 Va. 588, 589 , 19 S.E. 113, 113 (1894) ("old person"); Culpepper v. Robie, 155 Va. 64, 87 , 154 S.E. 687, 696 (1930) ("`old man'") (quoting Hartman, 82 Va. at 237 ).

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
West v. Commonwealth green
va · 1919
1 sentence

2015The Court also noted that the facts in West “raise[d] a violent presumption that the Robertson house was within the local jurisdiction of the court, and we do not feel warranted in reversing the judgment upon this point.” Id.

12015–2015
Branch v. Buckley green
va · 1909
2 sentences

1936In Hartman v. Strickler, supra, we said: “Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence, which should be overcome by satisfactory testimony.” See also, Whitelaw’s Ex’r v. Sims, 90 Va. 588 , 19 S. E. 113 ; Branch v. Buckley, 109 Va. 784 , 65 S. E. 652 ; Broaddus v. Broaddus, 144 Va. 727 , 130 S. E. 794 .

1936In Hartman v. Strickler, supra, we said: “Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence, which should be overcome by satisfactory testimony.” See also, Whitelaw’s Ex’r v. Sims, 90 Va. 588 , 19 S. E. 113 ; Branch v. Buckley, 109 Va. 784 , 65 S. E. 652 ; Broaddus v. Broaddus, 144 Va. 727 , 130 S. E. 794 .

11936–1936
Broaddus v. Broaddus green
vactapp · 1925
2 sentences

1936In Hartman v. Strickler, supra, we said: “Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence, which should be overcome by satisfactory testimony.” See also, Whitelaw’s Ex’r v. Sims, 90 Va. 588 , 19 S. E. 113 ; Branch v. Buckley, 109 Va. 784 , 65 S. E. 652 ; Broaddus v. Broaddus, 144 Va. 727 , 130 S. E. 794 .

1936In Hartman v. Strickler, supra, we said: “Where a will executed by an old man differs from his previously expressed intentions, and is made in favor of those who stand in relations of confidence or dependence towards him, it raises a violent presumption of fraud and undue influence, which should be overcome by satisfactory testimony.” See also, Whitelaw’s Ex’r v. Sims, 90 Va. 588 , 19 S. E. 113 ; Branch v. Buckley, 109 Va. 784 , 65 S. E. 652 ; Broaddus v. Broaddus, 144 Va. 727 , 130 S. E. 794 .

11936–1936
Richardson v. Commonwealth green
va · 1885
1 sentence

1885That an indictment cannot be sustained without proof that the offence was committed within the county or corporate limits where the venue is laid is well settled, and was decided by this court in the recent case of Richardson v. The Commonwealth, 80 Va. 124 .

11885–1885

Where else courts name it

IN 8 (1885–1972) AL 6 (1894–2018) VA 6 (1885–2015) NC 6 (1909–1986) MO 6 (1903–1975) LA 5 (1848–1970) NY 4 (1881–1985) PA 3 (1838–1912) UT 2 (1894–1936) WI 2 (1891–1896) MD 2 (1968–1986) IL 2 (1898–1967) FL 2 (1934–1962) WV 2 (1892–1895) GA 2 (1976–1997)

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.

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