Lanius v. Donnell’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Proper independent advice in this connection means that the donor had the (preliminary) benefit of conferring fully and privately upon the subject of his intended gift with a person who was not only competent to inform him correctly as to its legal effect, but who was furthermore so disassociated from the interests of the donee as to be in a position to advise the donor impartially and confidently as to the consequences to himself of his proposed benefactions. Post v. Hagan, 71 N.J.Eq. 234, 243, 65 A. 1026, 1027 , 124 Am.St.Rep. 997 ; Slack v. Rees, 66 N.J.Eq. 447, 59 A. 466 , 69 L.R.A. 393 ; Roberts v. Chase, 25 Tenn.App. 636 , 166 S.W.2d 641 ; Peyton v. William C. Peyton Corp., 23 Del.Ch. 321 , 7 A.2d 737 , 123 A.L.R. 1482 .””

   1 later decision quote this exact passage · from the majority
   e.g. Arnoult v. Griffin

2. ““A gift between persons occupying confidential relations toward each other is, if its validity is attacked, always jealously scrutinized by a court of equity, and unless found to have been made freely, voluntarily, and with a full understanding of the facts, will be invalidated. The existence of confidential or fiduciary relations imposes upon the recipient of a gift the onus of establishing its absolute fairness.””

   1 later decision quote this exact passage · from the majority
   e.g. Arnoult v. Griffin