McCulloch v. Campbell’s Empirical Analysis

Citation profile

1 federal appellate · 69 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he 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 be specially directed toward the object of procuring a will in favor of particular parties ...”

   4 later decisions quote this exact passage
   e.g. Mason v. Bowen · Milton v. Jeffers

2. ““The will was indeed made upon the suggestion of McCulloch. But he was the trusted agent and business manager of Mrs. McClure, and was therefore entitled to give advice on such a subject. The will, moreover, contains no provision in his favor, although he is named as executor; and there is no reason to believe that he sought to influence her for or against any of her relations’.””

   1 later decision quote this exact passage
   e.g. President, Etc., of Bowdoin College v. Merritt