Rothermel v. Duncan

How courts have described this case

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

• noting that the exertion of undue influence may not be inferred by the opportunity to exert influence
• recognizing that undue influence may be proven by direct or circumstantial evidence
• noting that undue influence in the procurement of a will is a ground for contesting a will “separate and distinct from the ground of testamentary incapacity”
• stating that “weakness of mind and body, whether produced by infirmities of age or by disease or otherwise” is material to whether testator’s will was subverted or overpowered
• affirming trial court's decision to allow: \Would the mere presence of a quart of rum ... in [the] car prejudice you at all in this case?\
• finding no undue influence where feeble testatrix lived on isolated farm with son; son handled all business affairs of testatrix; son drafted will, without consulting counsel, leaving entire estate to self

Source: CourtListener parenthetical corpus (CC0).