Bulger v. Ross’s Empirical Analysis

Citation profile

1 federal appellate · 17 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The undue influence which will overturn or defeat a testamentary disposition of property must be of such a character as to overpower the will of the testator, and substitute another’s will in its place. It must amount to controlling, mental restraint and 'coercion, destroying the free agency of the testator. In fact, to constitute such undue influence, the will and wish of the testator must be subordinated and displaced by the superior, dominating will of another. Affection, or a desire to gratify another’s wishes, is not that sort of coercion which defeats attempted testamentary disposition. All the better instincts and emotions are left in full play, and are harmless, unless the will itself—the power of independent action—is overcome. It ceases to be the will of the ostensible testator only when it is shown to have been brought about by another’s superior will.””

   2 later decisions quote this exact passage
   e.g. President, Etc., of Bowdoin College v. Merritt · Harris v. Bowles