107 Ind. App. 628 - Potter v. Emery’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the case before us there is no evidence of any kind that the testator’s mind was affected by any delusions or hallucinations. He .was a man approximately sixty-one years of age at the time of the execution of the will and lived about six years thereafter. He was a successful farmer and owned and operated about 200 acres of land. He suffered from rheumatism, hardening of the arteries, and Bright’s disease during the later years of his life. These ailments were not sufficient to confine him to his bed or interfere materially with the conduct of his business. The witnesses who gave as their opinion that he was of unsound mind stated generally that they had known him many years and had' had business transactions with him, some of which had resulted in personal unfriendliness. They stated generally that he was dirty in his person and dress, that he was high-tempered, that he carried grudges against some of his neighbors, that he disliked his son-in-law, the appellee’s husband, that he required his wife and daughters to work in the fields, that he slept on the floor behind the stove with his clothes on, that he did not^go to public gatherings with his wife or family, never inquired as to the welfare of his grandchildren and sometimes failed to speak to his own children, and at times he had a ‘starey’ look in his eyes. The appellee Mamie Emery testified that during the last six or seven years of her father’s life there were occasions when he did not know he had a wife, that he h”

   1 later decision quote this exact passage
   e.g. 137 Ind. App. 293 - Irwin Union Bank & Trust Co. v. Springer

2. ““. . . It appears from the authorities above cited, and many which might be added, that this standard which measures mental testamentary competency is satisfied when it is made to appear that, at the time of the making of the will or codicil, the testator was in possession of sufficient strength of mind and memory to enable him to know the extent and value of his property, the number and names of those who were the natural objects of his bounty, their deserts with reference to their conduct toward and treatment of him, and to carry these things in mind long enough to have his will prepared and executed.””

   1 later decision quote this exact passage
   e.g. Powell v. Ellis