Austin v. Austin’s Empirical Analysis

Citation profile

1 federal appellate · 34 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A person standing in loco parentis to a child is one who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation, without going through the formalities necessary to a legal adoption, and the rights, duties, and liabilities of such person are the same as those of the lawful parent. The assumption of the relation is a question of intention, which may be shown by the acts and declarations of the person alleged to stand in that relation." 46 C.J., Parent and Child, § 174, p. 1334.”

   4 later decisions quote this exact passage
   e.g. State on Behalf of Hopkins v. Batt · 4 Neb. Ct. App. 396 - Quintela v. Quintela

2. “[a testator’s] intention to adeem [satisfy] a legacy may be shown by parol evidence, including that of the testator’s conduct subsequent to the execution of the will, and entries made in an account book and other memorandum [sic] properly identified, showing the amount of such payments, are admissible as proof of such satisfaction or ademption. When the evidence shows such an intention on the part of the testator to adeem or satisfy a legacy subsequent to the execution of the will, such intention is controlling, and the burden of disproving such intention is on the party denying it.”

   1 later decision quote this exact passage
   e.g. In Re Estate of McFayden

3. “The construction of the devise by a probate court is solely for the guidance of the legal representatives of the estate, * *.”

   1 later decision quote this exact passage
   e.g. In Re Crane's Estate