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← 24 Ill. 2d 320 - Boryca v. Parry

24 Ill. 2d 320 - Boryca v. Parry’s Empirical Analysis

1962

Citation profile

20
cited by 20 later decisions
1
states following
July 2013
most recently cited

5 federal appellate · 11 state decisions

How this case has been cited

Cited by 20 later decisions — most recently July 2013

5 federal appellate · 11 state decisions

130196219701980199020002010decided

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 19 Ill. 2d 108 - McFail v. Braden · 16 Ill. 2d 268 - Peck v. Peck · Clark v. Clark · Tidholm v. Tidholm · Schueler v. Blomstrand

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.

  1. ““It is conceded that a fiduciary relationship existed between defendant and her mother, with the former being the dominant party, thus bringing into operation familiar and well-settled principles. Where such a relationship exists, the law presumes as fraudulent any transaction between the parties wherein the dominant party has profited, and the latter must rebut the presumption of fraud by clear and convincing proof that he has exercised good faith and has not betrayed the trust and confidence reposed in him. If such burden of proof is not discharged by the dominant party, the transaction will be set aside in equity. (Hofert v. Latorri, 22 Ill.2d 126 , 174 N.E.2d 866 ; McFail v. Braden, 19 Ill.2d 108 , 166 N.E .2d 46.) On the other hand, ‘if a conveyance was not procured through improper means attended with circumstances of oppression or overreaching, but was entered into by the grantor with full knowledge of its nature and effect and because of his or her deliberate, voluntary a/nd intelligent desire, the existence of a fiduciary relation does not invalidate the transaction.’ (Clark v. Clark, 398 Ill. 592, 602 , 76 N.E.2d 446, 451 ; see also: Matanic v. Krajach, 392 Ill. 547 , 64 N.E.2d 885 ; Uksas v. Zelensky, 21 Ill.2d 303 , 172 N.E.2d 359 .) Transactions between parties to a fiduciary relation, if open, fair and deliberately made, are as valid as transactions between other parties. Schueler v. Blomstrand, 394 Ill. 600 , 69 N.E.2d 328 ; Winkelman v. Winkelman, 307 Ill. 249”
    2 later decisions quote this exact passage · from the majority
  2. “* * * with full knowledge of its nature and effect and because of * * * her deliberate, voluntary and intelligent desire * * *.”
    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.