Gilmer v. Brown’s Empirical Analysis
1947
Citation profile
3 federal appellate · 31 state decisions
How this case has been cited
Cited by 38 later decisions — most recently February 2018 · most notably Raiford v. Raiford (1952), American Auto. Ins. v. Fulcher (1953)
3 federal appellate · 31 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 Keely v. Moore · Burch v. Grace Street Building Corp. · Ring v. Lawless · Chesapeake & Ohio Railway Co. v. Rison · Norton v. Norton
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Neither sickness nor impaired intellect is sufficient, standing alone, to render a will invalid. If at the time of its execution the testatrix was capable of recollecting her property, the natural objects of her bounty and their claims upon her, knew the business about which she was engaged and how she wished to dispose of her property, that is sufficient.”
4 later decisions quote this exact passage · from the majority““* * * Under the influence of this section, we have said that a report of a commissioner approved by the trial court is prima facie correct, or is entitled to great weight, or should not be disturbed unless its conclusions are at variance with the evidence. It is fundamental that, nothwithstanding the weight due a commissioner’s report and the respect which is accorded his findings, neither the trial court nor this court should avoid the duty of weighing the evidence when its sufficiency is fairly challenged.* * *””
3 later decisions quote this exact passage · from the majority““Mental weakness is not inconsistent with testamentary capacity. A less degree of capacity is requisite for the execution of a will than for the execution of contracts and the transaction of ordinary business. One may be capable of making a will yet incapable of disposing of his property by contract or of managing his estate. Mental strength to compete with an antagonist and understanding to protect his own interest are essential in the transaction of ordinary business, while it is sufficient for the making of a will that the testator understands the business in which he is engaged, his property, the natural objects of his bounty, and the disposition he desires to make of his property. The condition of being unable, by reason of weakness of mind, to manage and care for an estate, is not inconsistent with capacity to make a will.””
2 later decisions 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.