Ferguson v. Ferguson’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where, as in Virginia, a formal attestation is unnecessary, any form of signing a will with the intention of acting as a witness is sufficient. Attestation is mental, while subscription is mechanical. Attestation is the act of the senses and subscription is the act of the hand. To attest a signature means to take note mentally that the signature exists as a fact. Tilton v. Daniels, 79 N. H. 368, 109 A. 145 , 8 A. L. R. 1073.””

   2 later decisions quote this exact passage · from the majority
   e.g. Commonwealth v. Bishop · French v. Beville

2. “his “M. Calvin X Lafew Mark “I, GE.Trout, a Notary Public in and for the City of Roanoke, Va. do certify that M. Calvin Lafew, being unable to write his name on account of nervousness, has made his mark to the foregoing writing, as shown above, this 8th day of January, 1946. C.E.Trout Notary Public My Corns. Expires April 26, 1949 “We as witnesses have this day signed our names in the presence of M. Calvin Lafew, and in the presence of each other. Elisha J. Jacobs Nancy C. Ferguson.””

   1 later decision quote this exact passage · from the majority
   e.g. French v. Beville

3. “The meaning of “signature” is not restricted to a written name. Where the testator puts his mark to the subscription of his name to his will, in the presence of two or more subscribing witnesses, this is a sufficient signing within the meaning of our statute.”

   1 later decision quote this exact passage · from the majority
   e.g. Pierce v. Foreign Mission Board of the Southern Baptist Convention