Taylor v. Koslosky

4 Citing cases

  1. Estate of Eggebrecht

    967 P.2d 388 (Mont. 1998)   Cited 3 times
    Indicating court should take into account all surrounding circumstances

    Owen v. Ostrum (1993), 259 Mont. 249, 255-56, 855 P.2d 1015, 1019. Mere denial or speculations will not suffice, the nonmovant must show facts sufficient to raise a genuine issue. Taylor v. Koslosky (1991), 249 Mont. 215, 217, 814 P.2d 985, 986. However, all reasonable inferences that may be drawn from any offered proof will be made in favor of the party opposing summary judgment.

  2. In re Estate of Bradshaw

    305 Mont. 178 (Mont. 2001)   Cited 30 times

    That description of the standard under which courts are to consider the criteria was not supported by any authority. Moreover, such an approach does not square with the alternative statutory definitions of undue influence set forth at § 28-2-407, MCA. We carried forward the erroneous and unsupported notion from Christensen that all five criteria must be satisfied to prove undue influence in In re Estate of Luger (1990), 244 Mont. 301, 304, 797 P.2d 229, 231; Taylor v. Koslosky (1991), 249 Mont. 215, 218, 814 P.2d 985, 987; In re Estate of Jochems (1992), 252 Mont. 24, 28, 826 P.2d 534, 535; Flikkema v. Kimm (1992), 255 Mont. 34, 40, 839 P.2d 1293, 1297; In re Estate of Lien (1995), 270 Mont. 295, 304, 892 P.2d 530, 535; In re Estate of DeCock (1996), 278 Mont. 437, 444-45, 925 P.2d 488, 492; In re Estate of Lande, 1999 MT 162, ¶ 42, 295 Mont. 160, ¶ 42, 983 P.2d 308, ¶ 42; and Luke v. Gager, 2000 MT 377, ¶ 35, 303 Mont. 474, ¶ 35, 16 P.3d 377, ¶ 35. ¶ 16 These statements, beginning in Christensen and ending in Luke, are overruled and we return to the standard expressed in Cameron: that a court may consider the five criteria in determining the existence of undue influence.

  3. Environmental Contractors, Llc. v. Moon

    983 P.2d 390 (Mont. 1999)   Cited 10 times

    Owen v. Ostrum (1993), 259 Mont. 249, 255-56, 855 P.2d 1015, 1019. Mere denial or speculations will not suffice; the nonmovant must show facts sufficient to raise a genuine issue. Taylor v. Koslosky (1991), 249 Mont. 215, 217, 814 P.2d 985, 986. ¶ 24 In its Order and Memorandum granting Environmental's motion for summary judgment, the District Court concluded that no genuine issues of material fact existed with regard to whether the notes had been paid.

  4. Estate of DeCock

    278 Mont. 437 (Mont. 1996)   Cited 6 times
    In DeCock, we allowed evidence of settlement negotiations as to the existence of the settlement agreement; yet, we deny Potts the ability to use his evidence for that same purpose here.

    In construing this statute, Montana courts consider the same criteria in determining whether a donor making a gift or a testator executing a will was subject to undue influence at the time the gift was made or the will was executed. Taylor v. Koslosky (1991), 249 Mont. 215, 218, 814 P.2d 985, 987 (citing Cameron v. Cameron (1978), 179 Mont. 219, 229, 587 P.2d 939, 945). The criteria used to determine if undue influence has been exerted upon a donor or a testator are: (1) confidential relationship of the person attempting to influence the donor or testator; (2) the physical condition of the donor or testator as it affects their ability to withstand influence; (3) the mental condition of the donor or testator as it affects their ability to withstand influence; (4) the unnaturalness of the disposition as it relates to showing an unbalanced mind or a mind easily susceptible to undue influence; and (5) the demands and importunities as they may affect a particular donor or testator taking into consideration the time, the place, and all the surrounding circumstances.