Moos v. Moos’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Where a last wiU and testament, after its execution, is retained by the testator and cannot be found upon his death, it is the well-settled rule of this and of the majority of jurisdictions that it will be presumed to have been destroyed by him animo revocandi. (In re Estate of Morgan, 389 Ill. 484 ; Holler v. Holler, 298 Ill. 418 ; Griffith v. Higinbotom, 262 Ill. 126 ; St. Marys Home v. Dodge, 257 Ill. 518 ; In re Page, 118 Ill. 576 , 3 A.L.R.2d 949 .) The same cases establish that the presumption is subject to being rebutted by circumstances which tend to show a contrary conclusion, and that the burden is on one seeking to probate such a will to prove that it was unrevoked at the testator’s death.””

   4 later decisions quote this exact passage · from the majority
   e.g. Bach v. Cowden · Johnson v. Wagy

2. ““*** the presumption of revocation by the testator is effectively overcome by evidence which shows that the testator maintained an attitude of friendship, confidence and reliance toward the proponents up to the time of his death. Evidence of such nature has been held to reflect the attitude of a testator which makes it unlikely that he would have revoked a will benefiting those with whom he continued to have harmonious relations. The weight to be given such evidence, however, necessarily varies with the given facts of each case. [Citation.] There was evidence in this case, which was the subject of testimony offered both in rebuttal and surrebuttal, that the testator held the proponents in high regard both before and after the execution of his will and until the date of his death. However, even accepting appellants’ version of the relationship as controlling, we are of the opinion that such evidence standing alone is insufficient to show an unlikelihood that the testator would revoke his will. In the decisions we have examined, many of which are analyzed in the Morgan case, the evidence of continuing friendly and loving relations was supplemented by declarations of the testator, made subsequent to the execution of the will and prior to and at the time of death, which showed an unchanged attitude on the part of the testator relative to the disposition of his property.””

   1 later decision quote this exact passage · from the majority
   e.g. 119 Ill. App. 3d 482 - In Re Estate of Babcock

3. ““However, it is also the rule that this presumption is subject to being refuted by circumstances showing a contrary conclusion, such as statements by the testator that he did not intend to revoke the will; that he entertained a kind and loving attitude toward the proposed beneficiary under the will; and lastly, that other persons who had an adverse interest had possession or access to the testator’s will either before or after his death. [Citation.]””

   1 later decision quote this exact passage · from the majority
   e.g. 119 Ill. App. 3d 482 - In Re Estate of Babcock