Ginter v. Ginter
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. On August 14, 1903, Louis Ginter executed his will, giving one-half of his property to his wife, $100 each to three married daughters, $50 to his son-John, and the remainder of his estate to his son Fred. Fred was named as executor, was given the care and management of the estate for five, years', and was allowed the same period in which to pay bequests.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. On August 14, 1903, Louis Ginter executed his will, giving one-half of his property to his wife, $100 each to three married daughters, $50 to his son-John, and the remainder of his estate to his son Fred. Fred was named as executor, was given the care and management of the estate for five, years', and was allowed the same period in which to pay bequests. The will was duly witnessed by S. B. Isenhart and Mae V. Burnett. On January 15, 1904, the testator died, leaving as his heirs the beneficiaries named in the will, and…
1Opinion of the Court
The opinion of the court was delivered by
Burch, J.:
To vitiate a will there must be more than influence. It must be undue influence. To be classed as “undue,” influence must place the testator in the attitude of saying: “It is not my will but I must do it.” *726He must act under such coercion, compulsion or constraint that his own free agency is destroyed. The will or the'provision assailed does not truly proceed from him. He becomes the tutored instrument of a dominating mind, which dictates to him what he shall do, compels him to adopt its will instead of exercising his own, and by overcoming…
2Cases cited34 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Bancroft v. OtisSupreme Court of Alabama · 1890
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Cudney v. . CudneyNew York Court of Appeals · 1877
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
29 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- McKeand v. JonesMichigan Supreme Court · 1915
- Leadbetter v. PriceOregon Supreme Court · 1921
- Ditton v. HartIndiana Supreme Court · 1911
- Wisner v. ChandlerSupreme Court of Kansas · 1915
- Klose v. CollinsSupreme Court of Kansas · 1933
92 more not listed; retrieve them via the Exa API.