McCartney v. Robbins’s Empirical Analysis
1923
Citation profile
2 federal appellate · 2 district · 15 state decisions
How this case has been cited
Cited by 19 later decisions — most recently May 1976
2 federal appellate · 2 district · 15 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 Clarke v. Fay · Miller v. Miller · Bunting v. Speek · Kirkpatrick v. Kirkpatrick · Cooper v. Seaverns
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`A very common instance of a remainder contingent because of uncertainty in the remainderman is presented by the limitation of a remainder to the heirs, or to the heirs of the body, of a living person named, in which case the heirs cannot be ascertained till such person's death, on the principle that there can be no heir to a living person, as expressed in the maxim, Nemo est haeres viventis. So soon as the person named dies, his heirs are ascertainable, and, provided there is no further condition precedent, the remainder immediately vests.' (1 Tiffany on Real Property, 2d ed., pp. 486, 488.)" (p. 142.)”
1 later decision quote this exact passage · from the majoritye.g. Campbell v. McBurney““The words ‘conveyances of land’ mean, of course, the land itself in fee simple absolute. The words ‘any other estate or interest therein’ include estates of freehold and less than freehold of inheritance, and not of inheritance, absolute and limited, present and future, vested and contingent, and any other kind a grantor may choose to invent, consistent, of course, with public policy.” (Miller v. Miller, 91 Kan. 1, 4 , 136 Pac. 953 .)”
1 later decision quote this exact passage · from the majoritye.g. Platt v. Woodland“"When the will took effect, Fannie E. McCartney was wife of the life tenant, not heir. Whether she would be her husband's heir, and consequently whether she would take anything under the will, depended on surviving her husband. If she had died before her husband, and he had remarried, the second wife, surviving her husband, would have been his heir, and would have taken under the will. Therefore the remainder was contingent.”
1 later decision quote this exact passage · from the majoritye.g. Campbell v. McBurney
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.