Smith v. Nelson’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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘The question whether or not an offered instrument is testamentary in form or substance so as to be admitted to probate is one of law for the court to determine from the face of the offered instrument.’ But this and all other cases are to the effect that there is no will unless there exists the ‘animus testandi,’ which phrase is defined as the intention to make a will, and the existence of this intention is not a matter of inference, but must be expressed so that no mistake be made as to the existence of that intention.”

   1 later decision quote this exact passage
   e.g. McDonald v. Petty

2. ““Are the letters testamentary? That is, do they show the animus testandi — the intent to make a will —which is necessary to constitute any writing a valid will? It is a fundamental principle that an instrument, to be a valid will, must be executed with testamentary intent. Stark v. Stark, 201 Ark. 133 , 143 S.W.2d 875 . See also Johnson v. White, 172 Ark. 922 , 290 S.W. 932 ; Page on Wills, § 46; Thompson on Wills (3d Ed.), § 12.””

   1 later decision quote this exact passage
   e.g. Odom v. Travelers Insurance