Booth v. Eberly’s Empirical Analysis

Citation profile

4 federal appellate · 2 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As a general rule, it is certainly true that in the case of an immediate gift, with a bequest over in the event of the death of the first or preceding legatee, the event of death is referable to the life-time of the testator. But it is explicitly laid down as text law that this construction is only made ex necessitate rei, from the absence of any other period to which the words denoting the event of death can be referred. Consequently, where there is another point of time to which such dying may be referred, as in the case where the bequest is to take effect in possession after a life-estate, or at any period subsequent to the testator’s death, the words may be considered as extending to the event of the legatee dying in the interval between the testator’s death and the period of vesting in possession, or the time of actual distribution, as will best promote the intention of the testator, to be gathered from the context of the will. 3 Jarm. Wills, 611.””

   1 later decision quote this exact passage · from the majority
   e.g. Pyne v. Pyne