Johnson v. Bruner’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * We may personally feel perfectly satisfied * * * but * * what are we to say judicially in face of this requirement of the statute, that `its provisions' must be `clearly and distinctly proved by at least two credible witnesses' ? One is lacking; shall or can we construe some substitute by way of circumstantial evidence and legal presumptions to take the place of one credible witness? Suppose the one witness proponents have produced were not of the high standing and repute of the one who has testified; what should we then do? Was not there a deliberate purpose in the minds of the lawmakers, in adopting this statute, to make as certain and sure of the contents of the lost will as it was to make sure of the due execution of the original by requiring that it be witnessed by the genuine signatures of two subscribing witnesses, no matter how credible each might be? "This statute authorizing the proof of the contents of a lost will is intentionally strict and prescribes definite and certain proof that must be produced; the statute is clear, plain, unambiguous, and mandatory. The moment, however, that the court departs from the plain rule of the statute and undertakes to accept hearsay and circumstantial evidence, to take the place of one witness, it will only be one further step to the acceptance of such proofs to take the place of the other witness. Furthermore, the moment the court opens the door to circumstantial and hearsay evidence and oral statements, to supply the abse”

   3 later decisions quote this exact passage
   e.g. In Re Gilmore's Estate · Geare v. Moore

2. ““I. The Trial Court erred in sustaining Appellee’s Petition for probate of Lost Will in that the presumption of Intestacy was not overcome as required by the Statutes and Laws of the State of Oklahoma. “II. The Trial Court erred in sustaining Appellee’s Petition for probate of Lost Will in that the purported Lost Will was not proved to be in existence at the time of the death of the Decedent as required by the Statutes and Laws of the State of Oklahoma. “III. The Court erred in sustaining Appellee’s Petition for probate of Lost Will in that the provisions of the purported Lost Will were not clearly and distinctly proved by at least two credible witnesses as required by the Statutes and Laws of the State of Oklahoma.””

   1 later decision quote this exact passage
   e.g. Estate of Molloy v. Gillentine

3. “[The] Two witnesses required by statute to prove the provisions of a lost or destroyed will must each be able to testify to the provisions of the will from his or her own knowledge and not from declarations of another, even the testator himself.”

   1 later decision quote this exact passage
   e.g. In re the Estate of Wilson