Higbee v. Bloom’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In order to possess the mental capacity to make a valid will, the law, based upon the experience of mankind and common sense, does not require that the testator possess the ability to manage or carry on a complicated business enterprise. If he possesses the mental capacity to know what property he has, and is able to make a disposition of his property with understanding and reason, knows the persons and objects of his bounty, and their condition and relationship to himself, and is able to dictate the items of the will himself, this is sufficient.” (Higbee v. Bloom, 108 Kan. 723, 733 , 196 Pac. 1080 .) “The definition next in order of brevity is to the effect that where the testator knows his estate, the object of his affections, and to whom he wishes to give his property and understands the business in which he is engaged, he has sufficient capacity to make a will.” (28 R. C. L. 86.)”

   1 later decision quote this exact passage · from the majority
   e.g. Klose v. Collins

2. ““Evidence that a testator clearly manifested the symptoms of senile dementia before a will was made and that afterwards the mental reduction continued until the extreme degree of dementia was reached at the time of ■ his death, which occurred approximately nineteen months later, is not conclusive of incapacity to make the will. (Syl. 112.)”

   1 later decision quote this exact passage · from the majority
   e.g. Bradley v. Hill