Matter of Estate of Vick

3 Citing cases

  1. Beebe v. Family Mgmt.

    380 So. 3d 905 (Miss. 2024)

    Yet this Court emphasized that "one of ‘the most solemn obligation[s] any court can have [is] to see that the true intent of the testator is carried out.’ " Id. (alterations in original) (quoting Sullivant v. Vick (In re Est of Vick), 557 So. 2d 760, 765 (Miss. 1989)). Moreover, it stated that "[t]here is no Constitutional right more jealously safeguarded than the absolute freedom of a testator to dispose of his own property as he chooses."

  2. Estate of Blackburn v. Richards

    299 So. 3d 781 (Miss. 2020)   Cited 3 times

    As the chancery court stated, one of "the most solemn obligation[s] any court can have [is] to see that the true intent of the testator is carried out." In re Estate of Vick , 557 So. 2d 760, 765 (Miss. 1989) (citing Costello v. Hall , 506 So. 2d 293 (Miss. 1987) ). "[T]here is no Constitutional right more jealously safeguarded than the absolute freedom of a testator to dispose of his own property as he chooses." Id.

  3. Cvitanovich-Dubie v. Dubie

    125 Haw. 128 (Haw. 2011)   Cited 53 times
    Holding that the moving party's “allegation of nondisclosure by an adverse party,” could not support the movant's HFCR Rule 60(b) motion (citing Schefke v. Reliable Collection Agency, Ltd., 96 Hawai‘i 408, 431, 32 P.3d 52, 75 (2001) )

    Hence, while undue influence involves domination of a person and "overcoming a person's free agency or free will so that the person is unable to keep from doing what he or she would not otherwise have done[,]" fraud and misrepresentation involve an inducement of "a person to exercise his or her free will mistakenly based on false information." Rawlings v. John Hancock Mut. Life Ins., 78 S.W.3d 291, 301 (Tenn.Ct.App. 2001); see In re Estate of Vick, 557 So.2d 760, 767 (Miss. 1989) (noting that the "basic ingredient" of fraud is that the victim is "deceived through the use of false information, so that his free will or free agency, of which he is not deprived, is exercised upon the basis of false information"). Though "the similarity between fraud and undue influence has often been pointed out, there is a very clear cut difference between the two concepts":