10 E.H. Smith 181 - Johnson v. . Brasington’s Empirical Analysis
1898
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently October 1963 · most notably Jackson's Estate (1940), 15 E.H. Smith 11 - New York Life Insurance & Trust Co. v. Viele (1899)
34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Riker v. . Cornwell · Lamb v. . Lamb · Schult v. . Moll · Floyd v. . Carow · Wager v. . Wager
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ The defendants invoke a recognized rule of construction to give to them the more restricted meaning, and that is that the testator could not have intended by the will that, in the event of the death of his son without children, the land should pass to the relatives of his first wife to the exclusion of the relatives of his own blood. There is nothing in the case or in the language of the will to show that this consideration had any influence on the mind of the testator, and the strong presumption against intestacy and the words of the will outweigh all arguments based upon this rule.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.