Cechovin v. Eggleston’s Empirical Analysis
1954
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 1989
22 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 17 Cal. 2d 1 - Church Home for Children of Protestant Episcopal Church v. Lawrence · Salmonski v. Bardzinski · In Re Estate of Trickett · 119 Cal. App. 2d 574 - Estate of Taylor · Moorehouse v. Robinson
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.
“appears from the will that such omission was intentional”
2 later decisions quote this exact passage““In the interpretation of a will, ascertainment of the intention of the testator is the cardinal rule of construction, to which all other rules must yield. Prob.Code. § 101; In re Estate of Salmonski, 38 Cal.2d 199, 209 , 238 P.2d 966 ; In re Estate of Lawrence, 17 Cal.2d 1, 6 , 108 P.2d 893 . In re Estate of Foley, 126 Cal.App.2d 810 , 273 P.2d 26 . * • * The instrument is to be examined with a view of discovering the decedent’s testamentary scheme or general intention; and the meaning of particular words, phrases, and provisions shall be subordinated to such scheme, plan, or dominant purpose. In re Estate of Raymond, 96 Cal.App. 2d 808, 814 , 216 P.2d 515 . * * * And since the will was drawn by the testator, obviously without legal aid. ‘he may not be supposed to have used the same niceties of descriptive language as would be employed by an expert draftsman.’ In re Estate of Soulie, 72 Cal.App.2d 332, 334 , 164 P. 2d 565, 567 .””
1 later decision quote this exact passage“Under the statute [section 90] an heir is intentionally omitted from a will if it appears from the will that the testator had the omitted person in mind, and having him in his mind, has omitted him from the provisions of the will. (Estate of Trickett, 197 Cal. 20, 23 [ 239 P. 406 ]; Estate of Talmage, 114 Cal.App.2d 634, 637 [ 247 P.2d 131 ].)”
1 later decision quote this exact passagee.g. Van Strien v. Jones
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.