Flaherty v. Feldner’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is a presumption that a testator was sane at the time of the execution of his will. Where one is contesting proof of a will on the basis that the testator was suffering from an insane delusion, it is not sufficient to introduce evidence which tends to prove the testator was possessed of such a delusion, there must be further proof by the contestant that the delusion has no foundation in fact or in probability in order to show that the delusion is wholly a product of the imagination. “Therefore, you are instructed that if there is any evidence, although slight or inconclusive, which may have contributed to John J. Flaherty’s beliefs regarding John H. Flaherty, Jr. and his reasons for omitting him from his Will, the testator’s belief is not a delusion. The question of whether John H. Flaherty, Jr. is the testator’s son is not an issue with regards to determining whether the testator suffered from an insane delusion, because regardless of whether or not John H. Flaherty, Jr. was actually his son, the issue is whether or not there was any evidence which may have contributed to the testator’s belief for omitting him from the Will. “Furthermore, you are instructed that in addition to proving that the testator suffered from an insane delusion, it is not enough that the contestant prove that the testator was a victim of such delusion, the contestant must also prove that the Will itself was a product of that delusion and that the testator divides up his property in a way which,”

   1 later decision quote this exact passage
   e.g. Matter of Estate of Flaherty