Talton v. Todd’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. “"The nuncupative testaments by public act must be received by a notary public, in presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place. "This testament must be dictated by the testator, and written by the notary as it is dictated. "It must then be read to the testator in presence of the witnesses. "Express mention is made of the whole, observing that all those formalities must be fulfilled at one time, without interruption, and without turning aside to other acts."”

   2 later decisions quote this exact passage
   e.g. In re the Succession of Dunlap · 292 So. 2d 536 - Succession of Killingsworth

2. “independent facts or reasonable inferences”

   2 later decisions quote this exact passage
   e.g. Succession of Killingsworth · 292 So. 2d 536 - Succession of Killingsworth

3. “"`Testimony of subscribing witnesses which is adduced on the contest of the will and which, in effect, impeaches the solemn statements contained in the instrument which by their signatures they have attested as correct, is not in itself sufficient to overcome the presumption of validity arising from their presence and signatures and the official certificate of a public officer fortified by his oath. "`Their testimony must be corroborated by independent facts or reasonable inferences.' "See, also, Major v. Esneault, 7 La. Ann. [51,] 52; Succession of Young, 11 La.Ann. 65 ; Starrs v. Mason, 32 La. Ann. [8,] 9; Succession of Cauvien, 46 La.Ann. 1412 , [ 16 So. 309 ]. "Counsel criticize the doctrine announced in the Beattie Case as being without precedent, and they declare that such a principle is fraught with latent dangers of fraud on the rights of a testator to dispose of his property. But there would be room for greater fraud on the right of the testator to dispose of his property and on the rights of the legatees if the principle contended for by counsel should be recognized—that is, to permit subscribing witnesses to deny their own solemn act and to break down the solemn authentic act of a sworn officer.”

   1 later decision quote this exact passage
   e.g. Succession of Killingsworth