Hendrickson Estate’s Empirical Analysis

Citation profile

64 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) the deceased must have had an actual right or interest in the matter at issue, i.e., an interest in the immediate result of the suit; (2) the interest of the witness — not simply the testimony — must be adverse; (3) a right of the deceased must have passed to a party of record who represents the deceased's interest."”

   3 later decisions quote this exact passage
   e.g. In Re Estate of McFetridge · 112 Pa. Commw. 477 - Kulbitsky Appeal

2. ““The true test of the interest of a witness is that he will either gain or lose, as the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action. It must be a present, certain and vested interest, and not an interest uncertain, remote or contingent.””

   2 later decisions quote this exact passage
   e.g. Provident Tradesmens Bank & Trust Co. v. Lumbermens Mutual Casualty Co. · 112 Pa. Commw. 477 - Kulbitsky Appeal

3. “In any civil action or proceeding before any tribunal of this Commonwealth, or conducted by virtue of its order or direction, although a party to the thing or contract in action may be dead ..., and his right thereto or therein may have passed, either by his own act or by the act of the law, to a party on record who represents his interest in the subject in controversy, nevertheless any surviving or remaining party to such thing or contract or any other person whose interest is adverse to the said right of such deceased ... party, .shall be a competent witness to any relevant matter, although it may have occurred before the death of said party ..., if and only if such relevant matter occurred between himself and another person who may be living at the time of the trial and may be competent to testify, and who does so testify upon the trial against such surviving or remaining party or against the person whose interest may be thus adverse, or if such relevant matter occurred in the presence or hearing of such other living or competent person.”

   1 later decision quote this exact passage
   e.g. 336 Pa. Super. 111 - In Re Estate of Cecchine