Fischer v. Heckerman’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The next question presented is one of undue influence. Again, the burden of proof is on appellants to establish undue influence with evidence of substance. That proof must go beyond mere opportunity. Nunn v. Williams, Ky., 254 S.W.2d 698, 700 (1953). Undue influence is influence such that the testator’s free agency is destroyed. Id., and Williams, 738 S.W.2d at 850 . It is not influence derived merely from acts of kindness, appeals to feeling, or arguments addressed to the understanding. Nunn, 254 S.W.2d at 700 ; and Kentucky Trust Co. v. Gore, 302 Ky. 1 , 192 S.W.2d 749, 753 (1946). Moreover, the undue influence must be exercised at the time of the will’s execution. Williams, 738 S.W.2d at 850 .”

   1 later decision quote this exact passage
   e.g. Wallace v. Scott