Kelley v. Johns’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the existence of a confidential relationship between the testator and beneficiary; (2) the testator’s physical or mental deterioration; (8)the beneficiary’s active involvement in procuring the will; (4) secrecy concerning the will’s existence; (5) the testator’s advanced age; (6) the lack of independent advice in preparing the will; (7) the testator’s illiteracy or blindness; (8) the unjust or unnatural nature of the will’s terms; (9) the testator being in an emotionally distraught state; (10) discrepancies between the will and the testator’s expressed intentions; and (11) fraud or duress directed toward the testator.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re the Estate of Schisler

2. “Appellate courts employing this standard may not review the evidence de novo. Nor may they weigh the proof to determine where the preponderance of the evidence lies. Rather, appellate courts must (1) take the strongest legitimate view of the evidence that favors the verdict, (2) assume the truth of all evidence that supports the verdict, and (3) allow all reasonable inferences to sustain the verdict. If the record contains any material evidence to support the verdict, the judgment based upon the verdict must be affirmed.”

   1 later decision quote this exact passage · from the majority
   e.g. Pactech, Inc. v. Auto-Owners Insurance Co.

3. “The concept of materiality does not relate to the weight of evidence. Rather, it involves the relationship between the proposition that the evidence is offered to prove and the issues in the case.... Thus, Tenn. R. App. P. 13(d) requires the reviewing court to determine whether the record contains any evidence relating to the matters in issue which, when reviewed in a light most favorable to the prevailing party, supports the jury’s verdict.”

   1 later decision quote this exact passage · from the majority
   e.g. Pactech, Inc. v. Auto-Owners Insurance Co.