Cresto v. Cresto’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As noted above, after the proponent has proffered a prima facie case for validity, the burden has shifted to the contestant to show the requisite relationship and suspicious circumstances to create the presumption of undue influence. But then, upon the successful creation of the presumption of undue influence, the burden shifts back to the proponent of the testamentary document to rebut the presumption. [Citations omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. In re Estate of Moore – Gardner – Affirmed – Cowley

2. “Therefore, a person contesting a testamentary document without direct evidence that it was the product of undue influence can nevertheless establish a presumption of 19 undue influence by showing that (1) 'the person who is alleged to have exerted undue influence was in a confidential and fiduciary relationship with the [person executing the testamentary document]'; and (2) 'there were "suspicious circumstances”

   1 later decision quote this exact passage · from the majority
   e.g. In re Estate of Moore – Gardner – Affirmed – Cowley

3. “' [Citations omitted.] In other words, the testator becomes 'the tutored instrument of a dominating mind, which dictates to him what he shall do, compels him to adopt its will instead of exercising his own, and by overcoming his power of resistance impels him to do what he would not have done had he been free from its control.' [Citation omitted.] ....”

   1 later decision quote this exact passage · from the majority
   e.g. In re Estate of Moore – Gardner – Affirmed – Cowley