15 Ill. App. 2d 35 - Binger v. Ackerman’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is basic that a court of equity will not assume jurisdiction to construe a will which is neither ambiguous nor uncertain where there is no equitable estate to be protected or equitable right to be enforced. The court does not acquire jurisdiction to construe a will merely by allegations that a question requiring construction exists, where the record shows that there is no such question. A motion to dismiss may properly be filed to present this question. [Citations including Peck v. Drennan, 411 Ill. 31 (1952).]"”

   2 later decisions quote this exact passage · from the majority
   e.g. Carlson v. Bradt · 39 Ill. App. 3d 281 - In Re Estate of Carlson

2. “"The question for determination by this court on an appeal of this nature, is solely whether or not the principles of law governing the interpretation of this will are thoroughly established by the law. If they are so established, and if, when those established principles are understood and applied to the will, the meaning is clear, there is no ambiguity and no question of construction remains for the court. [Citations.]" 15 Ill. App.2d 35, 40-41 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Carlson v. Bradt · 39 Ill. App. 3d 281 - In Re Estate of Carlson