Fosher v. Guilliams’s Empirical Analysis

Citation profile

1 district · 16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As was well remarked in Price v. Woodford, 43 Mo. 247 : ‘The right of election is a statutory privilege, conferring new and important benefits, and outside of the statute has no existence. It must therefore be exercised in substantial compliance with it.’ Ewing v. Ewing, 44 Mo. 23 ; Dougherty v. Barnes, 64 Mo. 159 . The right to elect is strictly personal, which can be exercised by the -widow alone,- and although she die before the time for election has expired, in the absence of a statute authorizing it to be made afterwards by her heirs or representatives, the right of election expires with her. 1 Woerner, Adm’r, 270.””

   1 later decision quote this exact passage
   e.g. Appeal of Hewgley

2. ““ If, through any fraud or contrivance of those interested in the estate, the widow was prevented from making an •election, a court of equity might find means of affording relief against those who perpetrated the fraud.””

   1 later decision quote this exact passage
   e.g. Ludington v. Patton