567 So. 2d 274 - Hellums v. Reinhardt’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"If a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven."”

   3 later decisions quote this exact passage
   e.g. Wester v. Baker · 163 So. 3d 330 - Edward S. Ferguson V v. Katina Helen Hawe Critopoulos

2. ““The purpose of § 43-8-90, which is based on UPC § 2-301, is to remedy the unintentional disinheritance of a spouse when the decedent’s will was executed before them marriage. The adoption of that section reflects ‘the view that the intestate share of the spouse is what the decedent would want the spouse to have if he had thought about the relationship of his old will to his new situation.’ Commentary to § 43-8-90.””

   2 later decisions quote this exact passage
   e.g. 163 So. 3d 330 - Edward S. Ferguson V v. Katina Helen Hawe Critopoulos · 628 So. 2d 404 - Becraft v. Becraft

3. ““Shifting the burden to the proponent of the will to prove that the testator provided for the spouse outside the will is most consistent with the terms of the statute, which requires that the will make apparent an intent to omit the future spouse or that the testator’s intent to substitute an inter vivos transfer for a testamentary provision be reasonably proven.””

   1 later decision quote this exact passage
   e.g. 163 So. 3d 330 - Edward S. Ferguson V v. Katina Helen Hawe Critopoulos