Byrd v. Byrd

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that evidence of undue influence can include an unnatural disposition that makes the influencer the chief beneficiary of the will
• finding evidence of undue influence where \[t]here was also evidence of a purpose and design ... to restrict the visits and to prevent communications between the testator and his children prior to and following the date of the execution of the will\
• Testator was infirm, both physically and mentally, prior to and contemporaneously with the execution of the will. The beneficiary threatened to send the testator to a nursing home, and visitation was severely restricted by the beneficiary. The will was voided for undue influence.
• affirming jury determination concerning mental capacity

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Hanahan v. Simpson
  Supreme Court of South Carolina· 1997-05-12· cited 74×
• Russell v. Wachovia Bank, N.A.
  Supreme Court of South Carolina· 2003-02-24· cited 44×
• Wilson v. Dallas
  Supreme Court of South Carolina· 2011-11-01· cited 30×
• In Re Estate of Cumbee
  Court of Appeals of South Carolina· 1999-01-04· cited 24×
• Bullard v. Crawley
  Supreme Court of South Carolina· 1987-11-23· cited 16×
• Hembree v. Estate of Hembree
  Court of Appeals of South Carolina· 1993-02-11· cited 15×
• In Re Last Will and Testament of Smoak
  Supreme Court of South Carolina· 1985-08-09· cited 14×
• Howard v. Nasser
  Court of Appeals of South Carolina· 2005-05-02· cited 14×
• Macaulay v. Wachovia Bank of South Carolina, N.A.
  Court of Appeals of South Carolina· 2002-06-27· cited 7×
• Alexander v. Walden
  Court of Appeals of South Carolina· 1985-11-14· cited 5×
• Swiger by and through DeHaven v. Smith
  Court of Appeals of South Carolina· 2019-04-10· cited 3×
• MacAulay v. WACHOVIA BANK OF SC, NA
  Court of Appeals of South Carolina· 2002-06-27
• Gunnells v. Harkness
  Court of Appeals of South Carolina· 2020-04-01

Cites

6 cases in this archive are cited by this case.

• Lackey v. Lackey
  Supreme Court of Alabama· 1954-10-28· cited 22×
• Calhoun v. Calhoun
  Supreme Court of South Carolina· 1982-04-07· cited 20×
• Gunnels v. Roach
  Supreme Court of South Carolina· 1963-12-03· cited 17×
• Harris v. Thelma McIntosh Berry
  Supreme Court of South Carolina· 1957-05-07· cited 14×
• Havird v. Schissell
  Supreme Court of South Carolina· 1969-03-17· cited 13×
• Hubbard v. Moseley
  Supreme Court of Alabama· 1954-11-11· cited 6×