Newcomb v. . Webster’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But if, regarded as one instrument, it is found to contain repugnant bequests in separate clauses, one or the other, or both, must fail, and therefore the rule is that of the two the bequest contained in the later clause shall stand. The same principle applies with greater force where there are two distinct instruments relating to the same subject-matter. In such a case an inconsistent devise or bequest in the second or last instrument is a complete revocation of the former. But, if part is inconsistent and part is consistent, the first will is deemed to be revoked only to the extent of Uve discordant dispositions, and so far as may be necessary to give effect to the one last made. Nelson v. McGiffert, 3 Barb. Ch. [N. Y.] 158 149 Am. Dec. 170 ].””

   2 later decisions quote this exact passage
   e.g. Higgins v. Eaton · Whitney v. Hanington

2. ““It may be taken as a well-settled general rule that a will and codioil are to be construed together as parts of one and the same instrument, and that a codicil is no revocation of a will further than it is so expressed’’ — citing Westcott v. Cady, supra.”

   1 later decision quote this exact passage
   e.g. Higgins v. Eaton