Moore v. Emery’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the first place it is argued that the statute giving to the court the power to construe wills should be given a liberal interpretation. Conceding this to be ture, it does not justify this court in ignoring well settled principles established by courts generally and particularly by our own court. * * * In each of the Maine cases cited, * * * the problem was one of immediate concern to the parties before the court. “* * * But this Court is not called on to decide in advance every future question which may arise under a will merely because to do so may be helpful to a beneficiary or other interested party in determining a present course of conduct. This is the province of counsel. * * *””

   1 later decision quote this exact passage
   e.g. 158 W. Va. 698 - Woman's Club of St. Albans v. James

2. “The guiding principle of a court in construing a will is to determine the intent of the testator, which must be found from the particular language which he has used read in connection with the will taken as a whole and in cases of doubt in the light of the surrounding circumstances. There is no particular magic in isolated phrases. Language which may mean one thing when applied to one state of facts may have to be interpreted differently when applied to another. Precedents are of less importance than elsewhere in the law; and to quite an extent each case must be considered by itself.”

   1 later decision quote this exact passage
   e.g. Estate of Worthley

3. ““In attempting to determine the scope of this right, (to appoint by will) we must bear in mind that the donee of a power of appointment does not hold title to the property which is subject to the power, but merely acts for the donor in the disposition of it. In the ordinary case, therefore, the property is regarded as passing from the donor of the power to the person appointed by the donee to receive it.””

   1 later decision quote this exact passage
   e.g. Boston Safe Deposit & Trust Co. v. Johnson