Breeding v. Naler’s Empirical Analysis
1938
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently October 1964
10 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 Hubb Diggs Co. v. Bell · Cook v. Jackson · Davis v. Hill · Winters Mut. Aid Ass'n Circle No. 2 v. Reddin · Campbell v. Campbell
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To make a valid will, the person making the will must have testamentary capacity, and must not, at the time of the execution of the will, be laboring under an insane delusion, which influences the person executing such will to dispose of his property in a way which he would not have disposed of it but for the insane delusion; and the person making the will must not (at the time of making the will) be laboring under undue influence exerted upon him by some other person of persons. “You are further instructed in connection with the term ‘testamentary capacity’ that a person, to have testamentary capacity, as that term is used in connection with the execution of wills and for your guidance in this case, is meant that such person at the time of the execution of the will, must have had sufficient mental ability to understand the business in which he was engaged, the effect of his act in making the will, and the nature and extent of his property; he must be able to know his next of kin and the natural objects of his bounty and their claims upon him; he must have memory sufficient to collect in his mind the elements of the business about to be transacted and to hold them long enough to perceive at least their obvious relation to each other and be able to form a reasonable judgment as to them. “You are further instructed in connection with the term ‘insane delusion’ as used in connection with the execution of wills and for your guidance in this case means the belief of a state of su”
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.