Cited by
Opinions in Minnesota that cite In Re Estate of Reay, 249 Minn. 123.
-
In re: Ratzlaff Family Trust.
Minn. Ct. App. 2026
he ceased to act of his own free volition.” In re Reay’s Estate
-
In Re: R.A. Morin Trust, U/A/D, April 1, 2014, As Amended,
Minn. Ct. App. 2024
Minn. Stat. § 524.3-.407 (2022)
-
In re: Ursula E. Nelson Trust under Agreement dated 3/21/2014, as Amended.
Minn. Ct. App. 2023
See In re Estate of Reay , (applying clear-and-convincing standard of proof to a party’s action to invalidate a will for undue influence); Agner, d at 818, 821 (applying clear-and-convincing standard to a party’s action to invalidate a decedent’s transfer of real property prior to death) .
-
In re: Estate of Maryetta Louise Andrews.
Minn. Ct. App. 2023
Minn. Stat. § 524.3-.407 (2022)
-
Ronald G. Davis, Personal Representative of the Estate of Roger F. Davis and Trustee of the Toivo W. …
Minn. Ct. App. 2023
York v. Reay (In re Reay’s Est.), ; see also Torgersen , d at 551 (explaining that the evidence must show that the influence exerted rendered the testator “a mere puppet” (quotation omitted)).
-
In re the Estate of Vernon G. Engelkes, Deceased.
Minn. Ct. App. 2020
ator’s will); (holding that, to invalidate a will for undue influence, will contestant must show another person exercised influence over the testator when the will was executed “to the degree that the will reflects the other person’s intent instead of the testator’s intent”) (citing York v. Reay (In re Estate of Reay), ), review denied (Minn. June 20, 2006).
-
A20-0508
Minn. Ct. App. 2020
In re Reay’s Estate, d 277, 282 (Minn. 1957).
- In re Estate of: Alice I. Engman, Decedent. Minn. Ct. App. 2017
-
In re Estate of: Alice I. Engman, Decedent.
Minn. Ct. App. 2017
A party seeking to prove undue influence must prove that the influence “was so dominant and controlling of the testator’s mind that, in making the will, [she] ceased to act of [her] own free volition and became a mere puppet of the wielder of that influence.” In re Reay’s Estate, 249 Minn. 123, 126-27
- In re: Estate of Loretta M. Chisholm, Decedent. Minn. Ct. App. 2015
-
In re: Estate of Loretta M. Chisholm, Decedent.
Minn. Ct. App. 2015
6 will contestant must prove undue influence by clear and convincing evidence, showing that at the time the will was made there was “such dominant and persuasive force that the will of the person exercising it is substituted for the will of the testator whereby the resulting written testament expresses the intent and purpose of that person and not that of the testator.” In re Estate of Reay, 249 Minn. 123, 126
- In Re Estate of Torgersen 711 N.W.2d 545 Minn. Ct. App. 2006
-
In Re Estate of Torgersen
711 N.W.2d 545
Minn. Ct. App. 2006
In re Estate of Reay, 249 Minn. 123, 126
- In Re the Estate of Opsahl 448 N.W.2d 96 Minn. Ct. App. 1989
-
In Re the Estate of Opsahl
448 N.W.2d 96
Minn. Ct. App. 1989
ANALYSIS Standard of Review “[T]he existence of undue influence is a question of fact * * In re Estate of Reay, 249 Minn. 123, 124
- In Re Estate of Overton 417 N.W.2d 653 Minn. Ct. App. 1988
-
In Re Estate of Overton
417 N.W.2d 653
Minn. Ct. App. 1988
In re Estate of Reay, 249 Minn. 123, 126
- In Re the Estate of Ristau 399 N.W.2d 101 Minn. Ct. App. 1987
-
In Re the Estate of Ristau
399 N.W.2d 101
Minn. Ct. App. 1987
In re Estate of Reay, 249 Minn. 123, 126-27 , (footnote omitted).
- In Re Estate of Larson 394 N.W.2d 617 Minn. Ct. App. 1986
-
In Re Estate of Larson
394 N.W.2d 617
Minn. Ct. App. 1986
In re Estate of Reay, 249 Minn. 123, 126-27 , (footnote omitted).
- Matter of Estate of Rechtzigel 385 N.W.2d 827 Minn. Ct. App. 1986
-
Matter of Estate of Rechtzigel
385 N.W.2d 827
Minn. Ct. App. 1986
In re Estate of Reay, 249 Minn. 123, 126-27 , (footnotes omitted).
- Matter of Estate of Anderson 379 N.W.2d 197 Minn. Ct. App. 1985
-
Matter of Estate of Anderson
379 N.W.2d 197
Minn. Ct. App. 1985
In re Estate of Reay, 249 Minn. 123, 126-27 , (footnote omitted).
- Matter of Estate of Moulton 365 N.W.2d 335 Minn. Ct. App. 1985
-
Matter of Estate of Moulton
365 N.W.2d 335
Minn. Ct. App. 1985
In re Estate of Reay, 249 Minn. 123 , 126-27, quoted in pet.
- Matter of Estate of Olsen 357 N.W.2d 407 Minn. Ct. App. 1984
-
Matter of Estate of Olsen
357 N.W.2d 407
Minn. Ct. App. 1984
In re Estate of Reay, 249 Minn. 123, 126-27
- Matter of Estate of Congdon 309 N.W.2d 261 Minn. 1981
-
Matter of Estate of Congdon
309 N.W.2d 261
Minn. 1981
In re Estate of Pundt, 280 Minn. 102, 104-05 , quoting In re Estate of Reay, 249 Minn. 123, 126
- In Re Probate Court, Hennepin County 198 N.W.2d 260 Minn. 1972
- Balafas v. Angelos 198 N.W.2d 260 Minn. 1972
-
In Re Probate Court, Hennepin County
198 N.W.2d 260
Minn. 1972
NOTES [1] See, e. g., In re Estate of Anthony, 265 Minn. 382 , In re Estate of Reay, 249 Minn. 123
-
Balafas v. Angelos
198 N.W.2d 260
Minn. 1972
See, e. g., In re Estate of Anthony, 265 Minn. 382 , In re Estate of Reay, 249 Minn. 123
- In Re Estate of Pundt 157 N.W.2d 839 Minn. 1968
- Tuil v. Kelstrom 157 N.W.2d 839 Minn. 1968
-
In Re Estate of Pundt
157 N.W.2d 839
Minn. 1968
The rules regarding undue influence are as well stated in In re Estate of Reay, 249 Minn. 123, 126 , , as anywhere.
-
Tuil v. Kelstrom
157 N.W.2d 839
Minn. 1968
The rules regarding undue influence are as well stated in In re Estate of Reay, 249 Minn. 123, 126 , 81 N. W. (2d) 277, 280 , as anywhere.
- In Re Estate of Anthony 265 Minn. 382 Minn. 1963
-
In Re Estate of Anthony
265 Minn. 382
Minn. 1963
(2d) 87 ; In re Estate of Reay, 249 Minn. 123, 126 , 81 N.W.
- Leuba v. Bailey 88 N.W.2d 73 Minn. 1957
-
Leuba v. Bailey
88 N.W.2d 73
Minn. 1957
In In re Estate of Reay, 249 Minn. 123, 129 , 81 N. W. (2d) 277, 282 , we said that: “* * * The existence of undue influence is a question of fact, and the supreme court will not set aside the findings of the trial court as to undue influence unless they are manifestly and palpably contrary to the evidence as a whole, and this holds true even though this c