McCarty v. Weatherly’s Empirical Analysis

Citation profile

1 federal appellate · 37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Formal 'Requisites: Every will, other than a nuncupative will, must be in writing-l- and every will, other than a holographic will and a nuncupative will, must be' executed and attested as follows: “First: It must be subscribed at the end thereof by the testator himself, or some person, in his presence and by his direction, must subscribe his name thereto. “Second: The subscription must be made in the presence of the attesting witnesses or be acknowledged by the testator to them, to have been made by him or by his authority. “Third: The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will, and, “Fourth: There must be two attesting witnesses each of whom must sign his name as a witness at the end of the will at the testator’s request and in his presence.””

   2 later decisions quote this exact passage
   e.g. McKinney v. Smith · In Re Stover's Will

2. ““We find Katsey McCarty, an Indian, approximately 70 years old, able to speak only a few words of English, totally blind, in the town of Ada with J. H. Weatherly, her guardian, and Tom McCarty, her son, and while under their influence and direction she makes a will disinheriting her daughter and granddaughter who have been her main stay and companions during ten or twelve years of her affliction and giving all of her property to Tom McCarty, the boon companion of Weatherly, her guardian. Weatherly is made the executor of the will without bond. During all of the time Katsey was afflicted with total blindness, she was being administered to and cared for by Mary Cravatt and Alba James. It is not shown that Tom McCarty ever did one thing for her in a material way. These circumstances speak louder than words of undue influence. The record conclusively shows this will was prepared at the instance and direction of Weatherly and Tom McCarty and while she was under their influence.””

   1 later decision quote this exact passage
   e.g. Hicks v. Cravatt