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← 145 N.Y. 351 - Benson v. . Corbin

Benson v. . Corbin’s Empirical Analysis

1895

Citation profile

62
cited by 62 later decisions
12
states following
September 1982
most recently cited

2 federal appellate · 60 state decisions

How this case has been cited

Cited by 62 later decisions — most recently September 1982 · most notably 1 E.H. Smith 348 - Baer v. Hendricks (1895), McNutt v. McComb (1899)

2 federal appellate · 60 state decisions — followed in 12 states

2001895190019101920193019401950196019701980decided

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 Vanderzee v. Slingerland · Washbon v. . Cope

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

  1. ““It is said to maintain its hold somewhat weakly and with a doubtful grasp, and to yield easily to any fact or circumstance indicating a different intention.””
    2 later decisions quote this exact passage
  2. ““Where there is primarily a clear and certain devise of a fee, about which the testamentary intention is obvious and without ambiguity, the estate thus given will not be cut down or lessened by subsequent words which are ambiguous or of doubtful meaning. If a slight circumstance or a slender reason will in ordinary cases prevent the application of the general rule, the circumstance or the reason must be strong' and decisive where the construction collides with a plain devise in fee, and forces a change of its terms by cutting it down to a lesser estate. We do not easily trade a certainty for a doubt.””
    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.