In Re Roeder's Estate’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Since, however, the matter of the establishment of the will in its purported original form is not necessary to the determination of this case, its validity will not be here collaterally determined. Leaving out of consideration the will as it was purported to have been originally drawn, contestants were vitally interested in having the offered will defeated because in so doing they would as to that instrument establish an intestacy under which their interest as heirs of the decedent makes them competent caveators."”

   2 later decisions quote this exact passage · from the majority
   e.g. Powell v. Gilbert · In Re Stern's Will

2. ““Confirming the trend toward greater admissibility of statements of this nature, we quote from Corpus Juris: ‘While the majority of the early cases is against the admissibility of the declarations, the modem tendency is to enlarge, rather than restrict, the matters as to which the declarations are admissible, at least where the declarations are corroborative of other evidence.’ 68 C. J. 1004, Sec. 774. (Italics supplied). “Of similar import is the following statement by the Kentucky court: ‘ ... no reason is perceived why declarations of an intention to revoke, followed by the act, as well as declarations subsequent to the act that the act had been performed, are not admissible in corroboration of other evidence to show both the act by the testator and the intent with which it was done. Indeed such is the prevailing view on the question.’ Stuart v. McWhorter, 238 Ky. 82 , 36 S. W. (2d) 842, 844 (and cases there cited). “We conclude that the evidence to be drawn from the physical facts in the case at bar is sufficient to raise the issue of the genuineness of the will and that the interests of truth and justice demand that we adopt the view that the testator’s declarations were properly admitted.””

   1 later decision quote this exact passage
   e.g. Welch v. Clampitt

3. “that pages two and three were at one time stapled together with this page one, leading to the conclusion that so far as the copy is concerned, the three pages were originally stapled together, but that a new page was later substituted as page one.”

   1 later decision quote this exact passage
   e.g. In Re Stern's Will