Parham v. Walker’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[S]hould a jury in a case where both [the issue of testamentary capacity and the issue of undue influence] were present, find the deceased to be of unsound mind, the issue of undue influence is never reached. Undue influence presupposes a mind of testamentary capacity. Acts of insane minds or minds lacking testamentary capacity are void regardless of influence, undue or not.”

   6 later decisions quote this exact passage
   e.g. In Re ESTATE OF Raymond L. SMALLMAN · Sutton v. Bledsoe

2. “[Tjestatrix Edna Arnold Caulton became acquainted with the Reverend Isiah Row-ser in 1965. At the time the testatrix was approximately 80 years of age with no immediate family. Her estate consisted principally of her homeplace (a modest dwelling) and two valuable commercial lots occupied by a gasoline service station which she had inherited and from which she received a monthly income. On May 29, 1973, over objection of counsel for Edna Arnold Caulton’s relatives, Isiah Rowser was appointed conservator of her estate and remained as such until her death. On May 30, 1974, Edna Arnold Caulton executed the formal writing styled “LAST WILL AND TESTAMENT OF EDNA ARNOLD CAULTON” which instrument is the subject of this controversy. By this instrument Caulton left everything to her conservator Rowser and named him as executor. The 1974 will recites the reason for leaving everything to Rowser as “in consideration of the care and attention he has shown me and the services he has rendered to me and on my behalf, all of which has been lacking on the part of my relatives.” Edna Arnold Caulton died on May 25, 1975. Notice of contest of the will was filed and the matter was transferred from the Probate Court of Shelby County to the Circuit Court of that County for a trial on the issue of devisavit vel non. Proof pro and con regarding the mental testamentary capacity of the testatrix was adduced as well as proof tending to show the existence or nonexistence of a confidential relationship betw”

   1 later decision quote this exact passage
   e.g. Harper v. Watkins

3. “Unless the deceased has already been adjudicated insane at the time of the execution of a will, the burden is always upon the one who alleges an unsound mind to prove it. See Bridges v. Agee (1932 M.S.) 15 Tenn.App. 351 . Even the existence of a guardianship or conser-vatorship is not per se an adjudication of an unsound mind, that is, an adjudication of mental incapacity to execute a will. Tucker v. Jollay (1957 E.S.) 43 Tenn.App. 655 , 311 S.W.2d 324 .”

   1 later decision quote this exact passage
   e.g. Harper v. Watkins