Fisher v. Capp’s Empirical Analysis

Citation profile

26 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the non-movant wishes to contend on appeal that summary judgment was improperly granted, and does not file a written response to the motion for summary judgment, 13 the only issue before the appellate court is whether the grounds expressly presented to the trial court by the movant’s motion are insufficient as a matter of law to support summary judgment.”

   2 later decisions quote this exact passage
   e.g. Welch v. McDougal · Williams v. Good Health Plus, Inc.-HealthAmerica Corp.

2. ““THAT WE, Denard S. Pryor, being the same person as Denard Pryor, and wife, Addie Mae Pryor, of the County of Denton and State of Texas, being of sound mind and disposing memory, do make, publish and declare this our last will and testament, hereby revoking all wills by us, or either of us, at any time heretofore made. “II “We give, devise and bequeath to each other, that is to the survivor of us, all of the property, real personal and mixed of which we may respectively die seized and possessed, or be otherwise entitled to, to be owned, used enjoyed and disposed of by such survivor, in fee simple forever. “IV “In the event of the death of both of us at the same time, and upon the death of the survivor of us without having disposed of the said estate, then we give, devise and bequeath to our beloved son Denard S. Pryor, Jr., a three-fourth (¾) undivided interest and to our daughter and step-daughter, Lida Marie Vander-griff, and .undivided one-fourth (¼) interest in and to all the property, real personal and mixed, of which we, or the surviv- or of us, may died (sic) seized and possessed, or be otherwise entitled to, wherever situated and of whatsoever the same may consist, to be owned used and enjoyed by the said Denard S. Pryor, Jr. and Lida Marie Vandergriff, in the proportions hereinabove stated, by them in fee simple forever, providing however, that this provision shall not in any way interfere with the right of the survivor of us to own, use and dispose of our said estat”

   1 later decision quote this exact passage
   e.g. Pryor v. Pryor

3. “KNOW ALL MEN BY THESE PRESENTS: THAT WE, JAMES LOURINE JOHNSON, SR., and EMMA JEAN OLDHAM JOHNSON, husband and wife, both of Liberty County, Texas, each being of sound and disposing mind, memory and understanding, in view of the uncertainty of human life and the certainty of death, and for the purpose of making the best disposition of all of our worldly affairs, do hereby MAKE AND PUBLISH this our LAST WILL AND TESTAMENT, revoking all former Wills, if any, by us heretofore made and agreeing that this is our joint and mutual will made by each in consideration of the other so doing and shall be irrevocable excepting by the mutual agreement of both. ⅜ * * * * ⅜: SECOND: It is our will and desire that the survivor of us, JAMES LOURINE JOHNSON, SR., or EMMA JEAN OLD-HAM JOHNSON, as the case may be, shall, with and subject to the exceptions hereinafter made, have all of the property, real, personal and mixed and of every kind and description which either or both of us may own, jointly or separately, or to which we may be entitled, at the time of the death of the first of us, to be owned in fee simple and full ownership by such survivor, however, any of such property remaining at the time of the death of the survivor of us to pass and be owned in accordance with the provisions hereinafter set forth in this Will. THIRD: (a) One of the exceptions mentioned in the foregoing paragraph hereof is that it is our will and desire that in the event Testator, James Lourine Johnson, Sr., surviv”

   1 later decision quote this exact passage
   e.g. Estate of Johnson, in Re