Nye v. Bradford’s Empirical Analysis

Citation profile

7 federal appellate · 188 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 206 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We are convinced, by careful examination of the statement of facts and of the joint will of R.T. Bradford and his wife, Mattie Bradford, that the uncontroverted evidence and the will taken together conclusively prove that the will was made in consummation of the agreement of the parties to it to make disposition of the property that they jointly owned, their community property, in the manner set out in the will." * * * * * * "The will is jointly executed and speaks in all of its paragraphs as the joint act of the testators. Together they bequeath and devise their property, all of which is community property. Nowhere do they separately devise and bequeath their interests in the property * * * The will treats the property of the testators as one, and the dispositions made are joint gifts from the testators, dividing the property equally between the two children. A will like that could not have been made without agreement between the testators that it should be so made." * * * * * * "The husband R.T. Bradford, fully performed his contract. He died without having undertaken to revoke the joint will and without having attempted to make any disposition of the property in contravention of the agreement. The surviving wife, on her own application, caused the joint will to be probated as the last will and testament of her deceased husband and qualified as executrix under the will. Thereupon the contract, even if it had theretofore been voidable (and as to that we express no opinion),”

   7 later decisions quote this exact passage · from the majority
   e.g. Knolle v. Hunt · Weiss v. Storm

2. “KNOW ALL MEN BY THESE PRESENTS: THAT WE, JAMES LOURINE JOHNSON, SR., and EMMA JEAN OLDHAM JOHNSON, husband and wife, both of Liberty County, Texas, each being of sound and disposing mind, memory and understanding, in view of the uncertainty of human life and the certainty of death, and for the purpose of making the best disposition of all of our worldly affairs, do hereby MAKE AND PUBLISH this our LAST WILL AND TESTAMENT, revoking all former Wills, if any, by us heretofore made and agreeing that this is our joint and mutual will made by each in consideration of the other so doing and shall be irrevocable excepting by the mutual agreement of both. ⅜ * * * * ⅜: SECOND: It is our will and desire that the survivor of us, JAMES LOURINE JOHNSON, SR., or EMMA JEAN OLD-HAM JOHNSON, as the case may be, shall, with and subject to the exceptions hereinafter made, have all of the property, real, personal and mixed and of every kind and description which either or both of us may own, jointly or separately, or to which we may be entitled, at the time of the death of the first of us, to be owned in fee simple and full ownership by such survivor, however, any of such property remaining at the time of the death of the survivor of us to pass and be owned in accordance with the provisions hereinafter set forth in this Will. THIRD: (a) One of the exceptions mentioned in the foregoing paragraph hereof is that it is our will and desire that in the event Testator, James Lourine Johnson, Sr., surviv”

   3 later decisions quote this exact passage · from the majority
   e.g. Novak v. Stevens · In Re Estate of Osborne

3. “"* * * One who relies upon a will as a contract has the burden of proving that the will is contractual as well as testamentary in character. Proof may be made by the provisions of the will itself or by competent witnesses who testify to the agreement; and evidence as to declarations of the promisor, relations or conduct of the parties and other facts and circumstances, that tend to prove that an agreement was made, are admissible. Moore v. Moore, Tex.Civ.App., 198 S.W. 659 , application for writ of error refused; Williams v. Williams, 123 Va. 643 , 96 S.E. 749 ; Plemmons v. Pemberton, 346 Mo. 45 , 139 S.W.2d 910 ; Page on the Law of Wills, 3d Ed., vol. 4, pp. 927-933, §§ 1753, 1754; Alexander's Commentaries on Wills, vol. 3, pp. 107, 108, § 92; 69 C.J. pp. 1303-1305, §§ 2729-2731; Note 102 A.L.R. pp. 491, 494, 495." (Emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Lee v. Powell · Kirk v. Beard