Cotcha v. Ferguson’s Empirical Analysis

Citation profile

11 state decisions

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

1. ““First. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him. “Second. In taking an unfair advantage of another’s weakness of mind, or “Third. In taking a grossly oppressive and unfair advantage of another’s necessities or distress.””

   2 later decisions quote this exact passage
   e.g. In Re Ritter's Estate · Mitchell v. Irwin

2. ““To set aside any transaction on the ground of undue influence, it must be shown, not only that such influence existed and that it was exercised, but also that it was exercised effectively; that is, that it was the efficient cause in bringing about the transaction complained of.””

   2 later decisions quote this exact passage
   e.g. Melton v. Melton · Bailey v. Lovin

3. “Undue influence, such as will invalidate a will, must be something which destroys the free agency of the testator at the time the instrument is made, and which, in effect, substitutes the will of another for that of the testator. It is not sufficient that the testator was influenced in the ordinary affairs of life or that he was surrounded by relatives and friends in confidential relationship with him at the time of its execution. Suspicion, conjecture, possibility, or guess that undue influence or fraud has induced a will, is not alone sufficient to defeat the probate of a will. Power, motive, and opportunity to exercise undue influence do not alone authorize the inference that such influence has in fact been exercised. "If a wife by her industry and virtue, and by the assistance which she has rendered her husband, has gained such ascendancy over the mind of her husband; if she has by her faithfulness and good qualities secured his respect and esteem, so that her wish is a law to him, such influence, though it result in procuring a will in her favor to the total exclusion of all the relatives of the husband, would not amount to undue influence. "The word 'undue,' when used to qualify 'influence', has the legal meaning of 'wrongful' so that 'undue influence' means a wrongful influence, but influence acquired through affection is not wrongful.”

   1 later decision quote this exact passage
   e.g. In Re Ritter's Estate