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← 108 CAL 608 - Herwick v. Langford

Herwick v. Langford’s Empirical Analysis

1895

Citation profile

75
cited by 75 later decisions
6
states following
August 1986
most recently cited

2 district · 68 state decisions

How this case has been cited

Cited by 75 later decisions — most recently August 1986 · most notably 25 Cal. 2d 520 - Teel v. Gaskill (1944), Jenkins v. Anderson (1921)

2 district · 68 state decisions

1501895190019101920193019401950196019701980decided

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 In re Estate of McDevitt · Waterman v. . Whitney · Latham v. Udell · In re the Probate of the Will of Nelson · Rankin v. Rankin

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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Accordingly, the circumstance that the testator's wife urged upon him the propriety of leaving his property to her does not constitute undue influence to vitiate the will. ... And the mere fact that the will of the husband is changed to gratify the wishes of the wife does not raise a presumption of undue influence on her part. ... In order to set aside a will for undue influence, there must be substantial proof of a pressure which overpowered the volition of the testator at the time the will was made.”
    1 later decision quote this exact passage
  2. “juries lean against wills which to them seem unequal or unjust.”
    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.