3 Smith & H. 155 - Epperson v. White’s Empirical Analysis

Citation profile

43 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘As to wills of the third type — those by which the testators jointly devise their joint interests to third persons, or treat their separate property as a common fund out of which they provide for third persons' — there has been more diversity of opinion. The great weight of authority is that the will of this type is to be probated on the death of each testator as the separate will of decedent, and that, as said before, if this cannot be done, the instrument should be refused probate as a will altogether. This last rule seems to rest upon sound policy. The funeral expenses and debts of the decedent should be paid as soon as is practicable, and the estate settled. To delay such payment until the death of some one other than testator — an event which may not occur for years — would make the prompt and orderly settlement of decedent’s estate impossible.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. 39 Tenn. App. 73 - McDaniel v. Owens

2. ““This is not a mutual will and it is not a joint will by persons jointly interested in the property and undertaking to jointly dispose thereof by will. This is a will in which two persons have undertaken to join in disposing of property held separately by each of them. What we will have to say herein, therefore, is limited strictly to the case of a joint will by which persons attempt to dispose of property separately owned by them, and we expressly disclaim any intention of a general discussion of mutual, reciprocal, and joint wills.””

   1 later decision quote this exact passage · from the majority
   e.g. 39 Tenn. App. 73 - McDaniel v. Owens

3. ““In most of the cases where persons have undertaken to make a joint will disposing of property owned by them- separately and such wills have been sustained, the instruments were of a nature that each will could be treated as a separate disposition by each testator of his individual property, and therefore entitled to probate on the death of each testator as the last will and testament of that testator. That two wills were written on the same piece of paper was thought to be a matter of no consequence. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Beach v. Cobble