Maynard v. Vinton’s Empirical Analysis

Citation profile

46 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"‘‘The influence, to.vitiate the will, must have been "such as to amount to force and coercion, destroying her free agency; and there must be proof that the will was obtained by this coercion; and it must be shown that the circumstances of its execution are inconsistent with any hypothesis but undue influence, which cannot be presumed, but must be proved, and in connection with the will, and not with other things. Neither can it be set aside on the ground’of undue influence, unless such influence amounted to a degree of constraint such as the testatrix was too weak to resist, and such as deprived her of her free agency, and prevented her from doing as she pleased with her property. Neither advice nor arguments nor persuasion will vitiate a will made freely from conviction, though such will might not have been made but for such advice or persuasion.””

   3 later decisions quote this exact passage
   e.g. Severance v. Severance · Soule v. Henry