23 Kan. App. 2d 920 - Logan v. Logan’s Empirical Analysis

Citation profile

4 district · 16 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`The test of undue influence is whether the party exercised his own free agency and acted voluntarily by the use of his own reason and judgment, which may be determined from all the surrounding circumstances, including the relation of the parties, the time and manner of making suggestions or giving advice, the motive, if any, in making suggestions, and the effect upon the party so acting.'”

   2 later decisions quote this exact passage
   e.g. Mowrer v. Eddie · In Re Guardianship of Mowrer

2. ““ ‘Constructive fraud is a breach of a legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendency to deceive others or violate a confidence, and neither actual dishonesty [n]or purpose or intent to deceive is necessary.’ [Citation omitted.] Two additional elements also must be proved: ‘[T]here must be a confidential relationship [, and] the confidence reposed must be betrayed or a duty imposed by the relationship must be breached.’ ” Garret, 278 Kan. at 674 (quoting Logan v. Logan, 23 Kan. App. 2d 920 , Syl. ¶¶ 7, 8, 937 P.2d 967 , rev. denied 262 Kan. 961 [1997]).”

   1 later decision quote this exact passage
   e.g. 35 Kan. App. 2d 858 - Cousatte v. Lucas

3. ““In order for one member of a family to recover against the estate of another member for services rendered the decedent in his lifetime, the claimant must show either that an express contract for remuneration existed or that the circumstances under which the services were rendered were such as to exhibit a reasonable and proper expeetation that there would be compensation .... ” In re Estate of Rogers, 184 Kan. 24 , Syl. P 1, 334 P.2d 830 (1959).”

   1 later decision quote this exact passage
   e.g. Clark v. Gale