Supreme Court of South Carolina· 11/1/2011

Wilson v. Dallas

Citations

403 S.C. 411
743 S.E.2d 746

How courts have described this case

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

\A mere showing of opportunity or motive does not create an issue of fact regarding undue influence.\ (internal quotation marks omitted)
\An abuse of discretion occurs when a [trial] court's order is controlled by an error of law or there is no evidentiary support for the [trial] court's factual conclusions.\
“[W]e question whether the claims were asserted in good faith since the primary claim asserted by the parties as a basis for discarding [the testator’s] testamentary documents, undue influence, was of dubious validity.”
“The question is not whether there was in fact undue influence, but whether the parties could in good faith reasonably believe so . . . . [S]omething more than a subjective belief or a mere allegation is necessary . . . .”
\[T]he circumstances must point unmistakenly and convincingly to the fact that the mind of the testator was subject to that of some other person so the will is that of the latter and not of the former.\ (alteration by court) (internal quotation marks omitted)
stating “proof of a claim is not required”

Source: CourtListener parenthetical corpus (CC0).

Judges: Beatty, Hearn, Kittredge, Moore, Toal

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Cited by

11 cases in this archive cite this case.

Cites

47 cases in this archive are cited by this case; the 20 most cited are listed.

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