Kelsey v. Warfield’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the case at bar, if the testator had stopped with paragraph 4 of the will the argument of defendants would have been persuasive. But in paragraph 5 he declares ‘after the bequests and devises hereinbefore made by me have been paid and fully met, and all debts and charges paid, the remainder of my estate’ is to go to his brothers and sister. But not content .with this clear statement, and to exclude any lingering possibility of a doubt as to his intention, the testator makes the further emphatic statement that no part of any bequest to his brothers and sister ‘shall be paid until the bequests and devises made to other persons in this will have been fully paid and carried into effect.’ This language, we think, leaves the defendants without any substantial ground upon which to rest the opposite contention.” (p. 448.)”

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

2. ““Where a testator devised certain land, and also gave' a legacy of $5,000 out of his personal property, to his niece, and then provided that after all bequests and devises had been paid and fully met, and all debts and charges paid, the remainder of his estate was devised to his sister and brothers, and further provided that no part of any bequest to them, or either of them, should be paid until the bequests and devises to other persons had been fully paid: held, that if the personal property was insufficient to pay the debts and the legacy of $5,000 the residual real estate must stand charged with the payment of the same.””

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