Stewart v. Johnson’s Empirical Analysis
1940
Citation profile
61 state decisions
How this case has been cited
Cited by 61 later decisions — most recently January 2018 · most notably Second Church of Christ, Scientist, of New York City v. Kaufman (1945), 622 So. 2d 988 - In Re Estate of Tolin (1993)
61 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 Matter of Cusack v. . Bd. of Education · Hairston v. Hairston · Wilbourn v. Shell · Lundquist v. Children's Home of the Illinois Conference of the Swedish Evangelical Mission Covenant of America · McKee v. City of Greensburg
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is contended here that the provisions of this statute have not been met because the purported copy did not contain copy of the signature of the testator a copy of the signatures of the subscribing witnesses. We cannot agree with this contention. The copy of the will is admissible as evidence because it is the best evidence available as to the actual contents of the will which was executed. The copy is not for the purpose of showing the execution. In this case the execution of the will, of which the copy was presented to the Court, was sufficiently proved by the attorney who prepared the will and made the carbon copy thereof at the same time and by the witnesses who subscribed their names to the executed will.””
1 later decision quote this exact passage“`While the intention to revoke may be conditional, if the revocation is subject to a condition which is not fulfilled the revocation does not take effect. This doctrine is known as that of dependent relative revocation, and is usually applied where the testator cancels or destroys a will or executes an instrument intended to revoke a will with a present intention to make a new testamentary disposition as a substitute for the old, and the new disposition is not made, or if made, fails of effect for some reason.'”
1 later decision quote this exact passage““No probate of any lost or destroyed will shall be granted until citation has issued and been served upon those who, but for such will, would be entitled to the property thereby bequeathed or devised; or unless clearly and distinctly proved by the testimony of at least two disinterested witnesses, a correct copy being the equivalent of one witness.””
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.