Preston v. Preston’s Empirical Analysis
1925
Citation profile
2 district · 48 state decisions
How this case has been cited
Cited by 50 later decisions — most recently November 2018 · most notably United States Trust Co. v. Bohart (1985), Goller v. White (1963)
2 district · 48 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 Towson v. Moore · Highberger v. Stiffler · Deladson v. Crawford · Dale's Appeal from Probate · Lockwood v. Lockwood
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We are asked by the plaintiff to hold that the relationship between parent and child ... establishes a confidential relation, which raises a presumption of undue influence ... and throws upon the parent the burden of proving good faith and freedom from undue influence. This is the law in many jurisdictions, but not the rule obtaining in this state, where we have held the (parental) relationship is not fiduciary, and does not cast such a burden of proof, (citing authorities). The burden of proof therefore rests in the instant case upon the plaintiff to establish the fact of undue influence upon her by her parents.”
1 later decision quote this exact passagee.g. Dutcher v. Dutcher
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.