Cross v. Grimes’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The contention is next made that the trial court’s finding that the writing in part is not that of the deceased, but is a ‘forgery’, is not supported by proof of a sufficient degree. In other words, it is said, the proof fails to show ‘beyond all reasonable doubt’, or even ‘clearly and convincingly’, that the writing is not genuine. “ ‘The trouble with this argument is that it overlooks the elementary proposition that in a probate proceeding, the burden is on the proponents to show by a preponderance of the evidence that the purported will is written and executed in the manner prescribed by the statute. Code, section 5229. See Brown v. Hall, 85 Va. 146, 157 , 7 S. E. 182 ; Triplett v. Triplett, 161 Va. 906, 916 , 172 S. E. 162 . The contestants are not required to prove, as the plaintiffs in error seem to think, that the writing is not genuine.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Grady v. Fauls