Boyer v. Pool’s Empirical Analysis
1955
Citation profile
3 federal appellate · 33 state decisions
How this case has been cited
Cited by 36 later decisions — most recently June 2017 · most notably Lyle v. Bentley (1969), Hollar v. Jowers (1958)
3 federal appellate · 33 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 Burt v. Lochausen · Long v. Long · Burgess v. Sylvester · Scott v. Townsend · Olds v. Traylor
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is testimony that the testator told his grandchildren (contestants) that he would provide for them while the will does not do that. The contestants established a confidential relationship, the opportunity, and a motive for undue influence and that during his last years the testator was virtually dependent upon his daughters, two of the principal beneficiaries. There is proof that the daughters made a daily charge for nursing their brother during his last last illness, which indicates a grasping attitude by the daughters and a harsh and unnat-tural family relationship. Proof of this type simply sets the stage. Contestants must go forward and prove in •some fashion that the will as written resulted from the daughters substituting their mind and will for that of the testator. Here the will and the circumstances raise suspicion, but it does not supply proof of the vital facts of undue influence — the substitution of a plan of testamentary disposition by another as the will .of the testator.” 280 S.W.2d at 565 .”
5 later decisions quote this exact passage · from the majoritye.g. Lyle v. Bentley · Brewer v. Foreman““The deed made an unnatural disposition of the property only in the sense that one child was preferred over the others. This circumstance is frequently present in cases involving the issue of undue influence, but those in which it appears to have been given weight by the courts involved the absence of a reasonable basis for the preference and the presence of other strong probative circumstances.””
1 later decision quote this exact passage · from the majoritye.g. Brewer v. Foreman
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.