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← 361 Mass. 733 - Smith v. Smith

Smith v. Smith’s Empirical Analysis

1972

Citation profile

43
cited by 43 later decisions
3
states following
February 2019
most recently cited

2 district · 35 state decisions

How this case has been cited

Cited by 43 later decisions — most recently February 2019 · most notably Heller v. Silverbranch Construction Corp. (1978), 19 Mass. App. Ct. 364 - Davidson v. Davidson (1985)

2 district · 35 state decisions

12019721980199020002010decided

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 Trade Mutual Liability Insurance v. Peters · Licker v. Gluskin · Schmitt v. Pierce · Lewis v. National Shawmut Bank · Old Colony Trust Co. v. Third Universalist Society of Cambridge

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

  1. ““Fifth: In the event that my wife and I shall die under such circumstances as shall make it doubtful which of us died first, or if, as the result of a common accident my wife shall die at approximately the same time as I do, I direct that this, my will, shall be cintrued [sic] and shall take effect for any and all purposes as if my wife shall have predeceased me. The decision of my executor shall be final and conclusive on any question arising under this provision.””
    1 later decision quote this exact passage
  2. ““There [is] no presumption that any victim 600 survived any other, based on age, sex and physical condition, though such facts, so far as material, were to be considered in connection with the other circumstances * ” [Citation.]” (Emphasis added.)”
    1 later decision quote this exact passage
  3. “does not constitute a part of the decedent's estate”
    1 later decision quote this exact passage

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.