Kahn v. Kahn’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f the provision for the prospective wife is, in the light of surrounding circumstances, wholly disproportionate to the means of her future husband and to what she would receive under the law, the burden rests on those claiming the validity of the contract to show that there was a full disclosure of the nature, extent and value of the intended husband’s property or that she had full knowledge thereof without such disclosure, and that she, with this knowledge, voluntarily entered into the ante-nuptial settlement.”

   2 later decisions quote this exact passage
   e.g. Randolph v. Randolph · Williams v. Williams

2. “A comparison of the requirements of the statute and the Baker rule reveals that the statute makes no reference to the requirement in Baker that where the provision for wife in an antenuptial agreement is wholly disproportionate to the husband’s wealth, a full disclosure of the nature, extent and value of husband’s property is required to sustain the validity of the agreement. Of course, numerous factual scenarios could occur in which the failure to make a full disclosure of assets, liabilities and values would breach the statutory requirement that the contract was entered into freely, knowledgeably and in good faith. However, in this case it is not necessary that we resolve the apparent conflict between the Baker rule and the statute because we find that the antenuptial agreement between these parties fully complies with the tests imposed in either of those rules.”

   1 later decision quote this exact passage
   e.g. Randolph v. Randolph

3. “Obviously, the trial judge felt that the pendente lite proceedings which had been heard by him, the pre-trial briefs, depositions and the three day trial had sufficiently acquainted him with the factors we delineated in Connors to make a proper award of an attorney’s fee without proof or opinions of other lawyers. When the trial judge did so, it was incumbent upon husband’s lawyer to request a hearing if dissatisfied with the award, or convince the appellate courts that he was denied the opportunity to do so through no fault of his own.”

   1 later decision quote this exact passage
   e.g. Madden Phillips Construction, Inc. v. GGAT Development Corp.