46 Wis. 2d 393 - Mueller v. Gaudynski’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All influence on a person to make certain provisions in a will is not undue. People in everyday life make up their minds because of the influence of others. People only act when motivated. An influence is only undue ‘when it becomes so strong it overpowers and compels the exercise of the will of the person subjected to it.’ Will of Cooper (1965), 28 Wis. 2d 391, 400 , 137 N. W. 2d 93 . The test is whether ‘the free agency of the testator has been destroyed.’ Will of Faulks (1945), 246 Wis. 319 , 17 N. W. 2d 423 . And it has been said ‘A disposition to unduly influence a testatrix means something more than a mere desire to obtain a share of an estate. It implies a willingness to do something wrong or unfair.’ Estate of Phillips, supra; Estate of Knutson, supra.””

   1 later decision quote this exact passage
   e.g. 62 Wis. 2d 543 - Ward v. Ward

2. ““Susceptibility, opportunity to influence, disposition to influence, and coveted result. Stated more completely: 1. A person who is susceptible of being unduly influenced by the person charged with exercising undue influence; 2. the opportunity of the person charged to exercise such influence on the susceptible person to procure the improper favor; 3. a disposition on the part of the party charged, to influence unduly such susceptible person for the purpose of procuring an improper favor either for himself or another; 4. a result caused by, or the effect of such undue influence.””

   1 later decision quote this exact passage
   e.g. 50 Wis. 2d 143 - Estate of O'Loughlin