Conner v. Brown

Layton, C. J.,

delivering the opinion of the Court:

With respect to the degree of influence exercised over a testator sufficient to vitiate his will, no distinct rule can be laid down which will be applicable to all.cases. Undue influence, as the adjective suggests, is an excessive or inordinate influence considering the circumstances of the particular case; and the general rule is that the degree of influence to be exerted over the mind of the testator, in order to be regarded as undue, must be such as to subjugate his mind to the will of another, to overcome his free agency and independent…