Allison v. Stroh’s Empirical Analysis

Citation profile

4 state decisions

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

1. ““As we understand the rule, the fraud or undue influence, which is required to avoid a will, must be directly-connected with its execution. The influence which the law condemns is not the legitimate influence which springs from natural affection, but the malign influence which results from fear, coercion or any other cause that deprives the testator of his free agency in the disposition of his property. And the influence must he specially directed toward the object of procuring a will in favor of particular parties. [Our emphasis.] It is not sufficient that the testator was influenced by the beneficiaries in the ordinary affairs of life, or that he was surrounded by them and in confidential relations with them at the time of its execution.””

   1 later decision quote this exact passage
   e.g. Langford v. Gates

2. ““ ‘Before a will can be invalidated upon the ground of undue infuence, there must be testimony proving or tending to prove that the influence was of such character as to destroy the testator’s, free agency, in effect substituting another’s will in the place of his own, and the influence must be directed toward the object of procuring a will in favor of particular parties.’ ””

   1 later decision quote this exact passage
   e.g. Langford v. Gates