Miles v. Broussard’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The first ground for annulling the will is that the testatrix was of unsound mind and lacked testamentary capacity at the time she executed the will in the instant case on March 12, 1959. Counsel for appellant rely principally on the case of Cormier v. Myers, 223 La. 259 , 65 So.2d 345 . This Court is of the opinion that the Cormier case, supra, is distinguishable from the case at bar for in that case the court found that the testatrix was illiterate, spoke very little English, had for a number of years experienced mental deterioration which continued and became progressively worse until her death; that for several years prior to her death, she could not recognize friends or relatives, and could not feed or dress herself.””

   1 later decision quote this exact passage
   e.g. Succession of Franks

2. ““In the Succession of Pizzati, 218 La. 549 , 50 So.2d 189 , the court stated that testamentary capacity is always presumed, and that the testator is presumed to be sane until the contrary is affirmatively established. In the Piz-zati case, supra, the court found that the testatrix did many peculiar things, ■appeared to suffer from hallucinations, ■appeared to be extremely forgetful and .absent minded in routine matters and transactions; and was unable to care for herself in her physical needs. One ■of her attorneys testified he did not think she had testamentary capacity to •execute a will. In spite of this holding, the court maintained the validity of the will made by the testatrix.””

   1 later decision quote this exact passage
   e.g. Succession of Franks