Allen v. Henderson’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that undue influence may be proved by circumstances, and it has been said that where a will is unnatural in its provisions and inconsistent with the obligations of the testator to the different members of his family the burden rests upon the propounders to give some reasonable explanation of its unnatural character. Woodruff’s Ex’r v. Woodruff, 233 Ky. 744 , 26 S. W. 2d 751 ; Helm’s Guardian v. Neathery, 226 Ky. 42 , 10 S. W. 2d 474 ; Walls v. Walls, 99 S. W. 969 , 30 Ky. Law Rep. 948 . These cases do not hold that the absence of a reasonable explanation of the seeming unnatural provisions of a will entitle the contestants to a peremptory instruction as argued by appellants. They merely hold, as pointed out in Higgs’ Ex’x v. Higgs’ Ex’x, 286 Ky. 236 , 150 S. W. 2d 681, 683 , that ‘where there is gross inequality in the disposition of the estate among the natural objects of testator’s bounty, or where the will is unnatural, such facts, when unexplained and when corroborated by even slight evidence of want of testamentary capacity, or of undue influence, are sufficient to take the case to the jury.’ Cf. Keifer’s Ex’r & Ex’x v. Deibel, 292 Ky. 318 , 166 S. W. 2d 430 .””

   1 later decision quote this exact passage
   e.g. Ross v. Lott