Undue Influence

Except as indicated, all indented material is copied directly from the court’s opinion. 

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals

Estate of Martha Harrison Bane v. Bane, No. E2020-00978-COA-R3-CV (Tenn. Ct. App. Mar. 23, 2022)

Whether undue influence has occurred is a question of fact, and, “[a]s such, an appellate court must ‘affirm the trial court’s finding of undue influence unless the evidence preponderates otherwise.’” Ellis v. Duggan, No. E2020-00723-COA-R3-CV, 2021 WL 4128841, at *23 (Tenn. Ct. App. Sept. 10, 2021) (quoting Jarnigan v. Moyers, 568 S.W.3d 585, 591 (Tenn. Ct. App. 2018)).