Slater v. Phipps’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Testamentary capacity, or the lack thereof, is a question of fact. There is no rule by which it may be determined, with precision, where capacity ends and incapacity begins, but this question should be determined from all of the facts and circumstances of each particular case; and, where the evidence fairly and reasonably supports the finding of testamentary capacity, the same will not be disturbed on appeal. "Ordinarily, as generally stated, the test of testamentary capacity is the testator's capacity to understand the effect and consequence of his act, at the time the will is executed. "A presumption of sanity goes with everyone, and the burden of proving unsoundness of mind in a will contest rests on the contestants."”

   3 later decisions quote this exact passage
   e.g. In Re Holmes'estate · In Re Westfall's Estate

2. ““On appeal from judgment admitting will to probate, when contest was on the grounds of undue influence and lack of testamentary capacity, this court will review the record, but will not reverse unless finding and judgment is clearly against the weight of the evidence.””

   1 later decision quote this exact passage
   e.g. Cook v. Morrison

3. “Ordinarily, as generally stated, the test of testamentary capacity is the testator's capacity to understand the effect and consequence of his act, at the time the will is executed.”

   1 later decision quote this exact passage
   e.g. In Re Holmes'estate