Dammert v. . Osborn’s Empirical Analysis

Citation profile

2 federal appellate · 6 district · 41 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At every stage of the inquiry pressed upon us by this appeal, it is important to keep in view a fundamental fact, established by' unco’ntradicted evidence at the trial and conceded upon the argument, and that is that the bequest to the Sevilla Home was perfectly valid by the law of Peru, the domicile of the testator, which governed his personal prox>erty, wherever it was .at the: thng_of his death. The validity of the gift by the law of the domicile necessarily involves the conclusion that it is not affected, under that law, by the fact that at the time of the testator’s death there was no trustee competent to take; or that the estate did not vest within a period measured by lives, or by the general and indefinite nature of ilie trust, nor any other local rule that would defeat the intention of the testator in case it had been a domestic will. The general principle that a disposition of personal property, valid at the domicile of the owner, is valid everywhere, is of universal application. It liad its origin in that international comity which was one of the first-fruits of civilization, and in this age, when business intercourse and the process of accumulating property taire but little notice of boundary lines, the practical wisdom and justice of the rule is more apparent than ever. It would ho contrary to the principles of common justice and right, upon which the rule is founded, to permit a testamentary disposition of personal property, valid by the law of the domicile,”

   1 later decision quote this exact passage
   e.g. Watkins v. Eaton

2. ““The general principle that a disposition of personal property, valid at the domicile of the owner, is valid everywhere, is of universal application. It had its origin in that international comity which was one of the first fruits of civilization, and in this age, when business intercourse and the process of accumulating property take hut little notice of boundary lines, the practical wisdom and j ustiee of the rule is more apparent than ever. It would be contrary to the principles of common justice and right upon which the rule is founded, to permit a testamentary disposition of personal property, valid by the law of the domicile, to be annulled or questioned in every other country where jurisdiction was obtained over the property disposed of or the parties claiming it, except for the gravest reasons.””

   1 later decision quote this exact passage
   e.g. Liberty Nat. Bank & Trust Co. in New York v. New England Investors Shares, Inc.