166 W. Va. 304 - Marshall v. Marshall’s Empirical Analysis
1980
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 2007
21 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 Abujasen v. United States · 1 Cal. 3d 467 - Kulchar v. Kulchar · Eubanks v. Eubanks · Peyton v. William C. Peyton Corp. · 162 W. Va. 925 - Kanawha Valley Bank v. Friend
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"1. One who receives property from another with whom he has a confidential relationship has the burden of showing that the transfer was fair and made with utmost good faith. "2. The relationship between husband and wife is one of confidence and trust. "3. Where persons occupy a fiduciary or confidential relationship the lack of independent advice on the part of the person who claims to be disadvantaged by the transaction may be a significant factor in a court's evaluation of the overall bona fides of the transaction."”
2 later decisions quote this exact passage“1. One who receives property from another with whom he has a confidential relationship has the burden of showing that the transfer was fair and made with utmost good faith.”
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.