Rector, Etc. v. . Teed’s Empirical Analysis
1890
Citation profile
2 district · 61 state decisions
How this case has been cited
Cited by 66 later decisions — most recently May 1978 · most notably Glanzer v. . Shepard (1922), Seaver v. . Ransom (1918)
2 district · 61 state decisions — followed in 11 states
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 Todd v. . Weber · Seaman v. Seaman · Palmer v. North
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The withdrawal of the ofc.jectiojis to probate of the will, therefore, at the special request of the defendant, was the forbearance of a legal right and constituted a consideration sufficient to support a promise by him, even if he was to receive no benefit whatever. Whether he would have sue- < ceded in the litigation, as was said in the Seaman Case, is not the test. * * * it is enough that he yielded to his adversaries the right he possessed to contest the will. That ho has done, and the compromise itself proves prima facie an acknowledgment by the defendant that there was color for his objection. The court will not ask which party would have succeeded, for that would involve the trial of the issue that was compromised and the object of the law in encouraging compromises would thus he defeated. The consideration did not rest upon any advantage to the defendant, but upon the abandonment by Thomas Wright of his position as a contestant. By discontinuing his effort to overthrow the will, he relinquished a right secured to Mm by law and lost his chance of inheriting the estate. He did this at the request of the defendant who promised to pay for it.””
1 later decision quote this exact passagee.g. Sheppy v. Stevens““A valuable consideration may consist of some right, interest, profit,, or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other. (Citing cases.) It is not essential that the person to whom the consideration moves should be benefited, provided the person from whom it moves is in a legal sense injured. The injury may consist of a compromise of a disputed claim or forbearance to exercise a legal rigid: the alteration in position being regarded as a detriment that forms a consideration independent of the actual value of the right forborne.””
1 later decision quote this exact passagee.g. Sheppy v. Stevens
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.