Frazier v. McMann’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Estate of Arnold, 16 Cal.2d 573 , at page 577 [ 107 P. 2d 25 ], the rules governing the determination of whether a testamentary instrument is the product of undue influence are stated as follows: ‘In an action to set aside a will of a deceased person on the ground of undue influence, it is necessary to show that the influence was such as, in effect, to destroy the testator’s free agency and substitute for his own another person’s will. (Estate of Motz, 136 Cal. 558, 583 [ 69 P. 294 ].) Evidence must be produced that pressure was brought to bear directly upon the testamentary act. (In re McDevitt, 95 Cal. 17, 33 [ 30 P. 101 ].) Mere general influence, however strong and controlling, not brought to bear upon the testamentary act, is not enough; it must be influence used directly to procure the will and must amount to coercion destroying free agency on the part of the testator. (Estate of Keegen, 139 Cal. 123, 127 [ 72 P. 828 ].) ... mere opportunity to influence the mind of the testator, even coupled with an interest or a motive to do so, is not sufficient. (Estate of Easton, 140 Cal.App. 367, 371 [ 35 P.2d 614 ].) “ ‘ “The unbroken rule in this state is that courts must refuse to set aside the solemnly executed will of a deceased person upon the ground of undue influence unless there be proof of ‘a pressure which overpowered the mind and bore down the volition of the testator at the very time the will was made.’ ” ’ ” (Citations.) See also Estate of Keeney, 140 Cal.App.2d ”

   1 later decision quote this exact passage
   e.g. 146 Cal. App. 2d 642 - Estate of Burlew