410 So. 2d 729 - Evans v. Evans’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Art. 1592. Heirs and legatees excluded as witnesses Neither can testaments be witnessed by those who are constituted heirs or named legatees, under whatsoever title it may be. C.C. arts. 1578, 1581, 1583, 1584, 1591, 1593, 1595, 1599, 1603. Art. 1595. Testamentary formalities essential The formalities, to which testaments are subject by the provisions of the present section, must be observed; otherwise the testaments are null and void. C.C. arts. 1467, 1575, 1578 et seq., 1581 et seq., 1584 et seq., 1588, 1590 et seq., 1597, 1599, 1601, 1603.”

   1 later decision quote this exact passage
   e.g. 428 So. 2d 1300 - Estate of Wartelle

2. ““While the judgment of possession establishes the relationship of the legatees to the testator, it is only entitled to prima facie validity and is not crucial to the determination of whether a legatee could renounce. Rather, it is the legatee’s acceptance of the succession by taking an active role in the probate of the will and his effort to preserve his portion of the succession ⅜ * * which [would eliminate] the possibility of a subsequent renunciation.” Evans v. Evans, supra, at 733, n. 9 .”

   1 later decision quote this exact passage · from the dissent
   e.g. Succession of Rome

3. “"`A material deviation from the manner of execution prescribed by statute will be fatal to the validity of the will. The fact that there is no fraud, or even suggestion or intimation of it, will not justify the courts in departing from the statutory requirements, even to bring about justice in the particular instance, since any material relaxation of the statutory or codal rule will open up a fruitful field for fraud, substitution, and imposition.'" 410 So.2d at 732 .”

   1 later decision quote this exact passage
   e.g. 428 So. 2d 1081 - In the Matter of Succession of Comeaux