Winton v. Emerson’s Empirical Analysis
1924
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently May 1979
13 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 Will of Ball v. Boston · McMaster v. Scriven · Elliott v. Fisk · In re the Will of Blakely · Chase v. Amadon
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is elementary that the right to make a will and to have it carried into effect is one of the most important and fundamental rights attaching to any individual. It is also elementary that in order to set aside a will, either on the ground of lack of mental capacity or the presence of undue influence, the evidence showing the lack of one and the exercise of the other must be clear and satisfactory. It cannot rest upon a mere preponderance of evidence in favor of the invalidity of the will. The proof must be clear, convincing, and satisfactory, and especially as to the exercise of undue influence, for this is a species of fraud and must be proven by clear and satisfactory evidence; and the rule is the same'as to proof of lack of mental capacity.””
1 later decision quote this exact passagee.g. Fortner v. Helgeson
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.