Barton v. Bailey’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As bearing upon the testator’s capacity to make a will, the real test is whether at the time he knew what he was about, whether he knew what property he owned, the objects of his bounty and understood the general effect of his will. 44 Tex.Jur. 558, 559, Sec. 17; Vaughan v. Malone, Tex.Civ.App., 211 S.W. 292 (error dismissed). ‘The propounded instrument is sustained as a general rule where the evidence shows that the decedent personally instructed the draftsman as to its preparation;’ 44 Tex.Jur. 601, Sec. 59; Vaughan v. Malone, Tex.Civ.App., 211 S.W. 292 , ‘and the case of the proponent is strengthened by the circumstance that the decedent was alone with the draftsman, the proponent or beneficiary not being present.’ McKenzie v. Grant, Tex.Civ.App., 93 S.W.2d 1160 ; Taylor v. Small, Tex.Civ.App., 71 S.W.2d 895 . ‘In favor of the proponent’s case, it is to be considered that the draftsman was the decedent’s attorney, and that the witnesses were honorable and competent persons.’ McKenzie v. Grant, and Taylor v. Small, supra. ‘Where it is shown that the execution of the writing was supervised by a lawyer, much probative force attaches to his opinion that the instrument expressed the wishes of the decedent.’ 44 Tex. Jur. 601, 602, Sec. 59; In re Bartels’ Estate, Tex.Civ.App., 164 S.W. 859 (Writ Ref.).””

   1 later decision quote this exact passage
   e.g. Miller v. Flyr