Public-domain · open source
OpenJurist
← 127 KAN 314 - Williams v. Sechler

Williams v. Sechler’s Empirical Analysis

1929

Citation profile

4
cited by 4 later decisions
1
states following
December 1995
most recently cited

4 state decisions

Relationships

Relies on Menke v. Duwe · State ex rel. Minnesota Loan & Trust Co. v. Probate Court · Jack v. Hooker · Weisner v. Weisner · Hanson v. Hanson

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

  1. ““If the defendant had no knowledge of her rights at the time of signing the consent to the will she cannot be held to have confirmed or approved it, and her consent cannot have amounted to a legal agreement to relinquish her statutory shai'e. (Jack v. Hooker, 71 Kan. 652 , 81 Pac. 203 .) The plaintiff contends that it is not necessary for the widow to make an election where consent is given. (Hanson v. Hanson, 81 Kan. 305 , 105 Pac. 444 .) This is the general rule. There are, however, conditions under which the general rule does not aPPly; where, as" in this case, the consent is not fairly and understanding^ given, the rule has no application. In view of the fact that the defendant was requested by her husband to sign the will without knowledge of her legal rights and without explanation of the effect upon her rights to her husband’s property if she consented, we think the court was fully justified in its finding that her consent was not understanding^ given.” (p. 317.)”
    1 later decision quote this exact passage · from the majority

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.