Rodgers v. Fleming’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Special Issue No. 1. Do you find from a preponderance of the evidence, that at the time the August 22, 1974 will was signed by Alta L. Kerr, that she had testamentary capacity? “Answer: She did not have testamentary capacity.” INSTRUCTION To make a valid will, the person making the will must have testamentary capacity, and must not, at the time of the execution of the will, be laboring under an insane delusion, which influenced the person executing such will to dispose of her property in a way which she would not have disposed of it but for the insane delusion. • You are charged in connection with the term testamentary capacity, as that term is used in this charge, is meant that such person at the time of the execution of the will, must have had sufficient mental ability to understand the business in which she was engaged, the effect of her act in making the will, and the nature and extent of her property; she must be able to know her next of kin and the natural objects of her bounty and their claims upon her; she must have memory sufficient to collect in her mind the elements of the business about to be transacted and to hold them long enough to perceive at least their obvious relation to each other and to be able to form a reasonable judgment as to them. The term “insane delusion” as used in this charge means: “The belief by Alta L. Kerr of a state of supposed facts which no rational person would believe, unless the delusion, if any, influenced her to make a disposition of”

   1 later decision quote this exact passage
   e.g. Spruance v. Northway