Grymes v. . Hone’s Empirical Analysis
1872
Citation profile
4 federal appellate · 83 state decisions
How this case has been cited
Cited by 89 later decisions (1 by the Supreme Court) — most recently April 1968 · most notably Basket v. Hassell (1882), Ridden v. . Thrall (1891)
4 federal appellate · 83 state decisions — followed in 23 states
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.
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““True, he did not, and of course could not, know when death would occur, when he executed the assignment, but he was in apprehension of it. His age and his ‘failing’ told him death was near, hut when it might occur he had no clear conviction. An ailment at such an age is extremely admonitory. From these facts can this court say, as a matter of law, that this 'testator was not so seriously ill when he executed this assignment as to he apprehensive of death; that he was not legally acting in view of death; that he was not so ill as to be permitted to make this sort of gift? True, the donor died five months thereafter; but we are referred to no case or principle that limits the time within which the donor must die to make such a gift valid. The only rule is that he must not recover from that illness.””
1 later decision quote this exact passagee.g. Castle v. Persons“The donor says, ‘ X am ill, and fear I shall die of this illness, wherefore I wish you to take these things and hand them to my granddaughter after my death ; but do not hand them to her now, as I may n'eed them.’ A good donatio mortis causa always implies all this. If delivered absolutely to the donee in person, the law holds it void in case the donor recovers, and he may then reclaim it. To make a valid gift mortis causa, it is not necessary there should be any express qualification in the transfer of delivery. It may be found to be such a gift from the attending circumstances, though the written transfer may be absolute.”
1 later decision quote this exact passagee.g. Basket v. Hassell“better keep it for the present. I don’t know how much longer I may last, or what will happen, or whether we may need it.”
1 later decision quote this exact passagee.g. Basket v. Hassell
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.