Lucas v. Brown’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the law requires any writing to be ■signed by a party thereto, it shall not be deemed to be signed unless the signature be subscribed at the end or close of such writing.””

   2 later decisions quote this exact passage
   e.g. Parrott v. Parrott's Adm'x · Gentry's Guardian v. Gentry

2. ““The proper place for testator’s signature in an orderly arranged will is at the foot or end thereof; that is, the logical or physical end, on the line following the testimonium clause. This does not necessarily mean that the signature shall be in immediate juxtaposition to the concluding words of the dispository provisions. It should be sufficiently near to afford a reasonable inference that testator intended to indicate that his testamentary dispositions had been fully and completely expressed. The hiatus between disposing portions and the subscription will not affect the validity of the will, if there is a substantial compliance with the statute. The distance ■between the last line of the instrument and the signature has not been fixed by statute nor is likely to be. . . . ‘ ‘ The signature of testator should generally .be placed above the attestation clause, but the signature beneath such clause is a sufficient compliance with the provision that the signature must be at the end. 'An attestation clause is not strictly a part of the will, but rather a certificate thereto, and the sig nature may either precede or follow it and still he at the end of the will.””

   1 later decision quote this exact passage
   e.g. Gentry's Guardian v. Gentry

3. ““In witness whereof I have signed and sealed and published and declared this instrument as my last will at Harrodsburg, Ky., on the 14th day of December, 1895. .“The said Juretta Brown at Harrodsburg, Ky'., on the 14th day of December, 1895, signed and .sealed this instrument, and published and declared the same as and for her last will. And we at her request and in her presence and in the presence of each other, have hereunto written our names as subscribing witnesses. “Juretta Brown. “Witness: A. G. Vivion. “Witness: Grant Yivion. “Isaac I. Hendren.””

   1 later decision quote this exact passage
   e.g. Gentry's Guardian v. Gentry