824 So. 2d 700 - Ex Parte McLendon’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court."”

   3 later decisions quote this exact passage
   e.g. Daniel v. Moye · Ex Parte Terry

2. ““[0]nce a party seeking to remove the administration of an estate pursuant to § 12-11-41 makes a prima facie showing that she is an ‘heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed,’ the circuit court must order its removal, subject to retransfer upon a motion by the opponent of the transfer, and a finding by the circuit court that the party effecting removal lacked standing under the statute.””

   2 later decisions quote this exact passage
   e.g. 10 So. 3d 603 - Nelson v. Estate of Nelson · 10 So. 3d 610 - Persons v. Persons

3. “"when a party has made a prima facie showing that the party is entitled to the removal of the administration of an estate under § 12-11-41 , `the circuit court must order its removal, subject to retransfer upon a motion by the opponent of the transfer, and a finding by the circuit court that the party effecting removal lacked standing under the statute.'"”

   2 later decisions quote this exact passage
   e.g. Ex Parte Terry · Ex Parte Terry