 | Illinois. Supreme Court - Law reports, digests, etc - 1907 - 712 pages
...undue influence, though no force is either used or threatened. In a word, a testator may he led, — not driven, — and his will must be the offspring of his own volition and not that of another." We are aware that in the discussion of an instruction by this court in Yoc v. McCord,... | |
 | William Williamson Kerr - Fraud - 1868 - 498 pages
...constitute undue influence, though no force is either used or threatened. In a word a testator may be led, not driven, and his will must be the offspring of his own volition and not that of another " (q). Mere inadequacy of consideration or inequality in a Ina-leqaicj bargain is not... | |
 | Richard Thomas Walkem - Executors and examinators - 1873 - 580 pages
...or wish is overborne, will constitute undue influence, though no force is either used or threatened. In a word, a testator may be led, but not driven ;...volition, and not the record of some one else's." 5. In another case (a) which came before the House of Lords, and in which the question at issue was... | |
 | India - Contracts - 1878 - 710 pages
...wishes id overborne, will constitute undue influence, though no force is either used or threatened. In a word, a testator may be led but not driven ; and his will must be the offspring of his own rolition, and not the record of some one else's." In Lyon v. Home (a), the plaintiff was a widow of... | |
 | India, Charles Colin Macrae - Contracts - 1874 - 276 pages
...wishes is overborne, will constitute undue influence, though no force is either used or threatened. In a word, a testator may be led, but not driven;...of his own volition, and not the record of some one else's"—Hall v. Hall, LR, 1 P. & D., 481. "Fraud ' defined. , /,\ J . , 17. "Fraud" means and includes... | |
 | Benjamin Russell, M.A. - 1880 - 678 pages
...a sentiment of gratitude for past services, or pity for future destitution, or the like ; — these are all legitimate and may be fairly pressed on a...Kaulback having acted as the attorney or solicitor of Mr. Murdock in a case having no connection with the will, appears to us of very little consequence ; and... | |
 | Thomas Jarman - Wills - 1880 - 908 pages
...or wish is overborne, will constitute undue influence, though no force is either used or threatened. In a word a testator may be led, but not driven ;...volition, and not the record of some one else's." To constitute undue influence, some act or acts must have been done to cause the testator to dispose... | |
 | Dennis Ambrose O'Sullivan - Conveyancing - 1882 - 414 pages
...future destitution, or the like ; these are all legitimate, and may be fairly used on a testator. The testator may be led, but not driven, and his will...offspring of his own volition, and not the record of that of some one else.' The influence must not, however, amount to a control.' If a testator be constrained... | |
 | John Norton Pomeroy - Equitable remedies - 1882 - 844 pages
...undue influence, though no force is either nscd or threatened. In a word, a testator may be led, uot driven, and his will must be the offspring of his own volition and not that of another." See, also, illustrating undue influence in obtaining wills, where the will was held... | |
 | William John Dixon - Executors and administrators - 1885 - 680 pages
...constitute undue influence, though no force is either used or threatened. In a word, a testator may be led, not driven, and his will must be the offspring of his own volition, and not the record of someone else's."1 " In a popular sense, undue influence frequently is not such as would invalidate... | |
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... for the sake of peace and quiet, or of escaping from distress of mind or social discomfort, — these, if carried to a degree in which the free play of the testator's judgment, discretion, or wishes is overborne, will constitute undue influence, though... 
