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← 208 SW2D 119 - Green v. Dickson

Green v. Dickson’s Empirical Analysis

1948

Citation profile

18
cited by 18 later decisions
1
states following
December 1980
most recently cited

17 state decisions

How this case has been cited

Cited by 18 later decisions — most recently December 1980

17 state decisions

10019481950196019701980decided

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 Brown v. Mitchell · Puryear v. Puryear · Gay v. Gay · Dossenbach v. Reidhar's Ex'x · United States v. Hill

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

  1. ““It is the right of every citizen of this State to dispose of his property by will as he may desire, regardless of the ties of nature or relationship. “It is the established rule that, in determining whether an aged testator has sufficient mental capacity to make a valid will, the court should be controlled by testator’s acts connected with the execution of the will, the reasonableness' of its provisions, and his ability to detail the nature and extent of his property and to know the objects of his bounty. “ ‘The test is not whether the person who has made testamentary disposition of his property was of a high order of intelligence, but the humbler test is applied. Did he know what he was doing with the property which he knew he owned when he executed His will, and did he perform the act of his own free volition,' and because he desired to do so ? Salinas v. Garcia, Tex.Civ.App., 135 S.W. 588, 590 . “A testator may be old and infirm, weakened in energy and impaired in his senses, but, if he responds to the test which is applied to human beings in the ordinary affairs of life, the disposition of his property will be respected. ‘It is not for juries nor courts to say how property should be passed by will. They can do no more than see that the testator’s mentality meets the law’s tests.’ Whitney v. Murrie, Tex.Civ.App.; 264 S.W. 270, 274 . “It was held in the case of Vaughan v. Malone, Tex.Civ.App., 211 S.W. 292 , writ dismissed, that, while contestants’ witnesses testified that”
    3 later decisions 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.