Ridden v. . Thrall’s Empirical Analysis

Citation profile

1 district · 161 state decisions

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

1. ““While, standing alone, it would not have been sufficient to establish the gift, it furnishes strong confirmation of the evidence of plaintiff’s wife as to the gift, and leaves no reason to doubt that it was made as she testified. It was competent as corroborating evidence, just as the oral or written declarations of the donor previously made would have been, showing the intention to give, and thus corroborating the evidence as to the actual gift subsequently made. I have found no authority condemning such evidence. In all cases where probate of a will is contested on the ground of undue influence, fraud, incompetency, or forgery, the previous declarations or statements, in any form, of the testator, showing an intention in harmony with the instrument offered for probate, have always been held • competent, not as sufficient, standing alone, but as corroborating the other evidence offered by the proponent.””

   1 later decision quote this exact passage
   e.g. In re Van Derzee

2. ““Such a gift should be proved by very plain and satisfactory evidence; and, if the case depended upon the evidence of the wife alone, any court might well hesitate to uphold the gift.””

   1 later decision quote this exact passage
   e.g. Manhardt v. Frye

3. ““* * * The property must be actually delivered and the donor must surrender the possession and dominion thereof to the donee.””

   1 later decision quote this exact passage
   e.g. Davis v. Davis