641 So. 2d 785 - Smith v. Vice’s Empirical Analysis
1994
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently June 2011
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida · 598 So. 2d 1350 - Carter v. Henderson · Knox v. Knox · Eastis v. Montgomery · 560 So. 2d 1038 - Bailey v. Avera
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`"[M]ind and memory sufficient to recall and remember the property she was about to bequeath, and the objects of her bounty and the disposition which she wished to make — to know and understand the nature and consequences of the business to be performed, and to discern the simple and obvious relation of its elements to each other . . . ."'"”
6 later decisions quote this exact passagee.g. Denson v. Moses · Fincher v. Baker“"[The applicable standard of review] is whether the nonmoving party has presented substantial evidence in support of *Page 351 his position. If he has not, then a directed verdict is proper. Bailey v. Avera , 560 So.2d 1038 , 1039 (Ala. 1990); see Ala. Code 1975, § 12-21-12 (a). Substantial evidence is `evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.' West v. Founders Life Assurance Co. of Florida , 547 So.2d 870 , 871 (Ala. 1989). The ultimate question is whether the nonmovant has presented substantial evidence to allow submission of the case or issue to the jury for a factual resolution. Carter v. Henderson , 598 So.2d 1350 (Ala. 1992)."”
3 later decisions quote this exact passage“"Simply stated, if the testator knows his estate and to whom he wishes to give his property and understands that he is executing a will, he has testamentary capacity. A person may execute a valid will, even if he or she is not competent to transact ordinary, everyday affairs."”
3 later decisions quote this exact passagee.g. Denson v. Moses · Toler v. Murray
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.