Durand v. Higgins’s Empirical Analysis
1903
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 1951 · most notably Nolan v. Otney (1907), Newell v. McMillan (1934)
30 state decisions
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 Wilson v. Carrico · Love v. Blauw · Bassett v. Budlong · Reed v. Hazleton · Robinson v. Payne
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In determining whether an instrument be a deed or a will the question is, Did the maker intend to convey any estate or interest whatever to vest before his death and upon the execution of the paper? Or, on the other hand, did he intend that all the interest and estate should take effect only after his death ? If the former, it is a deed; if the latter, a will.” (Page 343.)”
1 later decision quote this exact passage · from the majoritye.g. Pentico v. Hays““If an instrument of writing passes a'present interest in real estate, although the right to its possession and enjoyment may not accrue until, some future time, it is a deed or contract; but if the instrument does not pass an interest or right until the death of the maker, it is a will, or testamentary paper.” (Page 325.)”
1 later decision quote this exact passage · from the majoritye.g. Brady v. Fuller
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.