Warner v. Warner’s Empirical Analysis
1938
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently November 2011 · most notably Savings Bank of New London v. Santaniello (1943), State v. DeFreitas (1980)
38 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 Bushnell v. Bushnell · Silver v. Graves · Rector, Etc. v. . Teed · Corsello v. Emerson Brothers, Inc. · Nichols v. Nichols
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““/I]n order to furnish a consideration for a compromise agreement the contest must be instituted or intended in good faith and based upon reasonable grounds for inducing a belief that it is sustainable. ‘With no basis in fact for a contest, and no reasonable ground for believing that a contest might rightfully be instituted and maintained, the agreement to refrain from doing so furnishes . . . no sufficient consideration for the promise . . . . ’ Montgomery v. Grenier, 117 Minn. 416, 420 , 136 N.W. 9, 11 ; Hardin’s Adm’rs v. Hardin, 201 Ky. 310, 312 , 256 S.W. 417 , 38 A.L.R. 756 ; 12 Am. Jur., Contracts, §§ 85, 86, 87. ... ‘It is well settled that . . . the termination of family controversies affords a consideration which is sufficient to support a contract made for such purposes. ... In order to render valid the compromise agreement, it is not essential that the matter should be really in doubt; but it is sufficient if the parties consider it so far doubtful as to make it the subject of compromise. . . . But it is necessary, in order to furnish consideration for such compromise agreement that the contention be made in good faith and be honestly believed in. ’ Preston v. Ham, 156 Ga. 223, 234 , 119 S.E. 658, 662 . The fact that family settlements are favorites of the law does not dispense with the necessity for some consideration to render them valid. Hardin’s Adm’rs v. Hardin, supra, page 311, 256 S.W. 417 .” (Emphasis supplied.)”
1 later decision quote this exact passagee.g. Holt v. Holt“The policy of the law is rather to discourage, than to encourage, a resort to litigation. If a controversy be actual and in good faith, it is a proper subject-matter for a binding contract or settlement. When such a settlement has been made free from fraud, mistake, or undue influence, whereby there is a surrender of a lawful claim, in whole or in part, upon one side, in exchange for something of value upon the other, such an agreement is as binding as any that parties, competent to contract, can make.”
1 later decision quote this exact passage““The settlement by compromise of will contests and family disputes, being calculated to avert contentions, adjust doubtful rights, contribute to peace and harmony, protect the honor of the family, and avoid litigation, is not in contravention of public policy, and, when fairly arrived at, is favored both in law and in equity.””
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.