Ecton v. Flynn’s Empirical Analysis
1929
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently October 1965
5 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 Thompson v. Latimer · McCray v. Corn · Isgrigg v. Isgrigg · Jeffries' v. Ferree
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the provisions of section 1407, Ky.Stats. [Now KRS 391.140], the conveyance of the 50 acres of land to appellees must be treated as an advancement, if the consideration was as expressed in the deed. The intention of the grantor in such cases, or the donor, does not govern. As has been held by this court, the purpose of the statute is to effect equality in distribution. If a parent gives a child, or certain of his children, a part only of his estate, and dies intestate as to the remainder, the law will take hold of the undisposed part and apply a sufficient amount of it to equalize the others with the favored ones, or to equalize them as far as may be done with the undisposed part of the estate. Hook v. Hook, 13 B.Mon. 526, 52 Ky. 526 ; Clarke v. Clarke, 17 B.Mon. 698, 56 Ky. 698 ; McCray v. Corn, 168 Ky. 457 , 182 S.W. 640 ; Isgrigg v. Isgrigg, 179 Ky. 260 , 200 S.W. 478 ; Thompson v. Latimer, 209 Ky. 491 , 273 S.W. 65 .””
1 later decision quote this exact passage · from the majoritye.g. Remmele v. Kinstler““In such cases it is not sufficient to show that services had been rendered which might have answered as a consideration for the conveyance, but it must be shown that it was the intention of the parties, at the time of the execution of the conveyance, that the services should be thus satisfied. If it is only shown that the children had rendered such services to the parent in giving to him attention showing their affection, and which gave rise to a desire on his part to make a gift because of the gifts of service which he had received, the evidence is not sufficient. The evidence must be so clear and convincing that the mind is not left in doubt as to the intention of the parties at the time.””
1 later decision quote this exact passage · from the majoritye.g. Remmele v. Kinstler
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.