Luper v. Werts’s Empirical Analysis
1890
Citation profile
1 federal appellate · 2 district · 17 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 1957
1 federal appellate · 2 district · 17 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 Chrisman v. Cherisman · Hubbard v. Hubbard · Canada's Appeal from Probate
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If it appeared from the evidence bearing upon the point involved that the decedent acknowledged or adopted the signature to the instrument as his own, in the presence of the witness Peyser, either from the testimony of the latter or from that of any other witness, or that, by any sign, motion, conduct, or attending circumstance, he gave said witness to understand that he had already subscribed the instrument, I should not hesitate to hold, as I am at present advised, that it was a sufficient acknowledgment; but I fail to discover any evidence which would warrant such a conclusion. The evidence shows that the decedent, while the said witness was subscribing his name to the instrument, maintained ‘mere silence,’ which is not enough. Haynes v. Haynes, supra [ 83 Ohio St. 598 , 31 Am. Rep. 579 ]. If the decedent had said to the witness Peyser, ‘ This is my will,’ or if the witness Beard had said, in the presence of the decedent and Peyser: ‘ This is the will of Mr. Werts; he has signed it, and®wants you to subscribe you name to it as a witness’ — or used any language of that import, the contention of the proponent’s counsel might have been tenable.””
1 later decision quote this exact passage · from the majority““* * * A subscribing witness to a will, therefore, must be something more than a person who subscribes his name as a witness to it. The testator must either sign the will in the presence of the witness, or must acknowledge to him by word or act that he had signed it. It is not necessary that the witness know the contents of the instrument subscribed by him, or its nature or character, but he must be able to testify that the principal in the affair put his name upon the identical piece of paper upon which he placed his own.””
1 later decision 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.