Mosher v. Thrush’s Empirical Analysis

Citation profile

3 federal appellate · 13 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law is settled that to avoid a will upon the ground of undue influence it must be directly connected with the execution of the will itself. It must operate when the will is made, and must be directed especially toward procuring the will in favor of particular persons, and must be of such a character as to destroy the testator’s freedom of will, so as to render his will obviously the result of the mind and brain of some other person.””

   1 later decision quote this exact passage · from the majority
   e.g. MacKay v. Costigan

2. ““It is urged, however, that in many other States, although undue influence must be operative when the will is executed, there are many cases where that requirement is met by some controlling force which operates secretly, but here there is no evidence tending to show that any such secret influence was exercised by the defendants upon the testator.” (Emphasis ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. 15 Ill. App. 2d 230 - Sterling v. Kramer

3. ““It is * * * established that declarations made by a testator in conformity with the provisions of a will are admissible as tending to show lack of undue influence * °”

   1 later decision quote this exact passage · from the majority
   e.g. 46 Ill. App. 3d 563 - Herbolsheimer v. Herbolsheimer