Smith v. Alsobrook’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although there does not seem to be any authority in Tennessee squarely holding that revocation of a will in part by physical act is possible, indications are that this is the law. 1 See 1 R. Pritchard, Law of Wills, § 270 (3d ed. 1955). For a revocation to be valid, concurrence of an intention to revoke and some act by the testator manifesting that intention is required. Donnelly v. Hendrix, 49 Tenn.App. 361 , 355 S.W.2d 116 (1960); Parker v. West, 29 Tenn.App. 642 , 199 S.W.2d 928 (1946). As with most will problems, the testator’s intent is thus the key.”

   1 later decision quote this exact passage
   e.g. In Re: Estate of J.B. Warren

2. “[t]his unequivocal act of cancellation of the realty clause necessarily is prima facie proof of a valid revocation by testatrix, which we do not think can be said to have been overcome by evidence of a contrary intent in the instant circumstances. The evidence in this case, aside from the fact of cancellation itself, simply fails to show intent clearly and to rebut the strong inference of intent to revoke raised by the cancellation.”

   1 later decision quote this exact passage
   e.g. In Re: Estate of J.B. Warren