McComas v. Hull’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. “"When a will contest is brought by filing an original action in the circuit court, the statute provides that `all necessary parties' shall be brought before the court by the plaintiff. There have been no decisions under this statute on this point since it was amended to reflect the new court structure, but the language about necessary parties is the same and should be interpreted the same way. `Necessary parties' are those who benefit from the probate judgment and would be interested in having it sustained; necessary parties do not include those against whose interest the judgment was rendered and who would be interested in vacating the judgment. If the appeal is from an order admitting a will to probate, it is certain that all the devisees and legatees are necessary parties and must be brought before the court regardless of the interest of any of the individuals of that group. An executor who has qualified is a necessary party defendant."”

   1 later decision quote this exact passage
   e.g. West v. Goldstein