108 Ind. App. 485 - Deckard v. Kleindorfer’s Empirical Analysis
1940
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently October 1975 · most notably Colbo v. Buyer (1956), 149 Ind. App. 109 - Grow v. Indiana Retired Teachers Community (1971)
26 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 Bushman v. Bushman · Huffman v. Rickets · Johnson v. Lane · Batman v. Snoddy · Sherrin v. Flinn
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* * * One is not incapacitated to make and execute a deed merely because of advanced years or by reason of physical infirmities unless such age and the infirmities resulting therefrom impair one’s mental facilities until he is unable tó properly, intelligently, and fairly protect and preserve his property rights. [Citing cases.] * * * “Our courts have further announced the rule that: ‘Contracts by which aged or infirm persons convey all or a substantial part of their property to others in consideration of an agreement for support, maintenance and care during their declining years, are with practical uniformity recognized by the courts as constituting a class by themselves in matters pertaining to their interpretation and enforcement.” There is in such transactions an element of confidence reposed by the old people in their grantee, sacred in its nature, a breach of which, and retention of the benefits, no court should tolerate by a refinement upon technical rules and principles of law. By the modern trend of authority these transactions are placed in a class by themselves, and enforced without reference to the form or phraseology of the writing by which they are expressed, or whether by the strict letter of the law a forfeiture of the estate is expressly provided for.”’ Huffman v. Rickets (1916), 60 Ind. App. 526, 532 , 111 N. E. 322 ; Lowman v. Lowman (1938), 105 Ind. App. 102, 113 , 12 N. E. (2d) 961. “Measured by these rules, does the evidence conclusively show that the c”
3 later decisions quote this exact passage““We recognize the rule that the trial court in cases of this character sits as a court of equity ‘and if it can discover that any acts, or stratagems, or any undue means have been used to procure such gifts; if it can see the least speck of imposition, or that the donor is in such situation in respect to the defendant as may naturally give him an undue influence over him; if, in a word, there be the least scintilla of fraud, a court of equity will interfere.’ ” Deckard v. Kleindorfer, supra; Sherrin v. Flinn (1900), 155 Ind. 422, 427 , 58 N. E. 549 .”
1 later decision quote this exact passage““The grantor herein reserves unto herself a life estate in said real estate for and during her natural life. As a consideration of this deed, the grantee herein agrees that he will pay all taxes on said premises and that he will furnish the grantor with such food, clothing, and medical attention as is necessary for her care, support, and comfort during her natural life.””
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.