Garrett v. Butler’s Empirical Analysis
1958
Citation profile
2 federal appellate · 12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently December 2013
2 federal appellate · 12 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 Bradway v. Thompson · Rose v. Hunnicutt · Porter v. Sheffield, Administrator
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“After careful consideration of the weight to be given to the facts and circumstances in this case as set forth above, we cannot say the trial court’s finding is against the weight of the evidence. The proof is clear that Rev. Garrett made the will in question, and that he had good reasons for making appellee his chief beneficiary; that nothing occurred to change or alter those reasons; that he indicated to disinterested witness shortly before his death he expected appellee to have some control over his affairs after his death and; that there is a total absence of any testimony he tried or wanted to make any change in or revoke his will. There are also in the record other circumstances which the trial court had a right to consider. During Rev. Garrett’s last illness many people had the opportunity to handle and destroy or misplace the will. One of these was the appellant, George Garrett, who was an interested party and who failed to testify.”
1 later decision quote this exact passagee.g. Thomas v. Thomas“As was said in [Bradway v. Thompson, 139 Ark. 542 , 214 S.W. 27, 33 ], in speaking of the problem facing the trial judge in this kind of a case: “It was not indispensable that he should determine what became of the will. It was enough that he should find that it was not revoked or cancelled by the testator.””
1 later decision quote this exact passage“It will be presumed that a testator destroyed a will executed by him in his lifetime, with the intention of revoking same, if he retained custody thereof, or had access thereto, and if it could not be found after his death. Rose, supra.”
1 later decision quote this exact passagee.g. Wharton v. Moss
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.