82 Ind. App. 283 - Folsom v. Buttolph’s Empirical Analysis
1924
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 1996 · most notably 159 Ind. App. 105 - Hunter v. Milhous (1973), 176 Ind. App. 141 - Blaising v. Mills (1978)
28 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Allore v. Jewell · Westphal v. Heckman · Shipman v. Furniss · Teegarden v. Lewis · McCord v. Bright
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Undue influence has been variously defined, and while it has been said that fraud and undue influence are not synonymous terms, it has also been said that undue influence is, in one sense, a species of fraud, and while there are sometimes, perhaps usually, present elements of fraud, undue influence may exist without any positive fraud being shown. In re Shell’s Estate (1900), 28 Colo. 167 , 63 Pac. 413 , 53 L. R. A. 387, 89 Am. St. 181. Undue influence may be defined to be the exercise of sufficient control over the person, the validity of whose act is brought in question, to destroy his free agency and constrain him to do what he would not have done if such control had not been exercised. 8 Words and Phrases, 7166 and authorities cited. “It is not possible to lay down a rule that will distinguish between acts which are within the bounds of legitimate influence and acts which make the influence undue. What would amount to undue influence in one case might not amount to such influence in another case. As was said in Elkinton v. Brick (1888), 44 N. J. Eq. 154, 15 Atl. 391 , 1 L. R. A. 161. ‘Similar acts may be trifling and of no importance in the case of one person, and overmastering in the case of another. Their effect must depend upon the relations between the parties, and the character, strength, and condition of each (Rusling v. Rusling, 9 Stew. Eq. 603; Dale v. Dale. 11 Stew. Eq. 274; Waddington v. Busby, 16 Stew. Eq. 154), and must be determined by the application of sou”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.