Epperson v. Bennett’s Empirical Analysis
1946
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently December 1996 · most notably Wilson v. Holm (1948), Shepard v. John Hancock Mutual Life Insurance (1962)
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 Miller v. Miller · Bunting v. Speek · Bennett v. Humphreys · Buxton v. Noble · Henderson v. Deckert
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where a will devises a life interest to the testator’s wife, with a remainder in equal shares to their five children, a provision that, if any of the children should die before the inheritance passed to them, the issue, if any, of such deceased child should take his share, even if construed to relate to the situation arising from the death of a child after that of the testator and before that of the mother, does not prevent the spouse of a deceased child, who died after the father and before the mother, from inheriting the share of such child.””
1 later decision quote this exact passage · from the majority““In a devise to a wife for life, with remainder to the legal heirs of the testator, to create a contingent remainder the intent so to do must be expressed in words so plain that there is no room for construction. “No remainder will be construed to be contingent which may, consistently with the words used and the intention expressed, be deemed vested.” (Syl. IT 1, 2.)”
1 later decision quote this exact passage · from the majority“(p. 675.) (Our italics.) Likewise in the Votapka case, supra, the rule was stated thus: “The law of this state favors the vesting of estates, and instruments transferring an interest in real estate, whether will or deed, will be construed as creating a vested estate, unless a different intent is expressed or clearly implied from the terms of the instrument itself.”
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.