Palm v. Maguire’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The issue of due execution was not made by the pleadings. The petition did not allege that the will was not formally executed.' It 'asked that the will be set aside for two reasons only, to-wit, mental unsoundness and undue influence. We realize that in a will contest, ■"even though improper execution is not alleged in the petition, the ' proponents are required to make proof of due execution to the satis■•faction of the court. [Fletcher v. Henderson, 333 Mo. 349 , l. c. 356, 62 S. W. (2d) 849 .] Here such proof‘was made and it was not contradicted., / “Above the signatures of the attesting witnesses appears the usual attestation clause which reads: . . 'Signed, published and declared by the above named Roscoe- P. '.Jennings, as and for his last Will and Testament, in our presence, who at,his request and in his presence and in the presence, of .each other have hereunto subscribed our names as witnesses thereto on the last date above mentioned.’ “Such a properly executed attestation clause has been held to furnish prima facie proof of all facts essential to due execution, 28 R. C. L., p. 369, sec. 370. [See, also, German Evangelical Church v. Reith, 327 Mo. 1098 , l. c. 1109, 39 S. W. (2d) 1057 , 76 A. L. R. 604.] “Beside that, the petition in the instant case is very similar to the pleading considered in Heinbach v. Heinbach, 274 Mo. 301 , 202 S. W. 1123 , wherein we held that such a pleading constitutes an admission of ■ due execution. ’ ’”

   1 later decision quote this exact passage
   e.g. Hennings v. Hallar