McKee v. McKee's’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. ““No will -shall be valid unless it is in writing, with the name of the testator subscribed thereto by himself, or by some other person in his presence, and by his direction, and moreover if not wholly written by the testator the subscription shall be made or the will acknowledged by him, in the presence of at least two creditable witnesses, who shall subscribe the will with their names in the presence of the testator.””

   2 later decisions quote this exact passage
   e.g. Moore v. Sanders · Catlett v. Satterfield

2. ““Clearly it was the purpose of the statute to so-provide for the execution and attestation as to eliminate all possible danger of-fraud or deception; in other words, to so require the execution and attestation as that the testator might certainly know that the paper which he signed was the self-same paper which was attested, and to enable the attesting witnesses to know that the paper they attested was the same paper signed by the testator. “Tested by these rules, can it be said in .this case that the textatrix knew the paper she signed was the paper attested by Mrs. Long? Can it be said that Mrs. Long knew the paper which she attested was the one signed by the testatrix? Can it be said that the opportunity for fraud or-substitution was not offered? .. . . “Manifestly the legislature had these things in mind when it laid down these strict rules for the execution of.wills, and clearly it would be unwise for the courts- to relax them . . . “The wisdom of the enactment cannot be questioned; and the fact that in this case there is no fraud, or even-suggestion or intimation of it, will not justify the courts in departing from these rules, even to bring about justice in the particular instance. “Any material relaxation of the strict statutory rule would open up a fruitful .field for fraud, substitution, and imposition.””

   1 later decision quote this exact passage
   e.g. Catlett v. Satterfield

3. ““The object of the statute in providing the manner in which a will shall be executed to render it valid is to insure identity and prevent imposition and fraud; and though a substantial compliance with it is all that is required, no court is authorized to admit to probate an instrument as the last will of a deceased person in violation of its expressed language; however well founded may be the belief it was intended by him as his will. ’ ’”

   1 later decision quote this exact passage
   e.g. Catlett v. Satterfield