Kelly v. Fields’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It would be hard to point out any particular facts showing that he exercised over his mother undue or improper influence, or that under ordinary conditions she was not capable of disposing of her property. But the circumstances connected with this transaction all tend to show that Elijah, either by undue influence or by fraud, procured his mother- to make this deed, when she would not have done so if left to her own free will and judgment. . . . . When, conditions- such as are shown in this case exist, the burden is upon the grantee to show not only the fairness of the transaction, but' that it was the free and voluntary act of a* capable'mind, and this we think Elijah Fields has failed to do. ””

   1 later decision quote this exact passage · from the majority
   e.g. Davidson v. Davidson