Grady v. Wallace’s Empirical Analysis

Citation profile

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

1. “"`When a will is contested on the ground of undue influence, the burden is on the contestant, in order to raise a presumption of undue influence, to prove a dominant confidential relationship and undue activity in the execution of the will or for a favored beneficiary. Wilson v. Payton , 251 Ala. 411 , 37 So.2d 499 ; Hyde v. Norris , 250 Ala. 518 , 35 So.2d 181 . We do not think the appellants have successfully carried that burden. "`The controlling principle on the issue of undue influence is that the contestants must show active interference of the beneficiary in procuring the execution of the will. Lockridge v. Brown , 184 Ala. 106 , 63 So. 524 . To make out the charge, it must be proved that an influence was exerted on the testator which was tantamount to moral coercion and constrained him to do that which was against his will but which from fear, desire of peace, or some other feeling than affection, he was unable to resist. Cox v. Martin , 250 Ala. 401 , 34 So.2d 463 ; Kahalley v. Kahalley , 248 Ala. 624 , 28 So.2d 792 . * * *'" 272 Ala. at 122 , 130 So.2d at 24.”

   1 later decision quote this exact passage
   e.g. 384 So. 2d 1069 - Smith v. Smith