Masterson v. Wingate’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the evidence was sufficient to show that debts, legally a charge on the estate of the testator, existed at ■ the time appellee bought from the executor, then the judgment must be affirmed * * *. “Taxes ori the estate seem to have amounted to about $800 annually, and, if no other indebtedness than for accrued taxes for the' years 1874, 1875 and 1876 were shown (testator died May 6, 1875) to have existed, this would be sufficient to confer on the executor the power to sell which he exercised in making the sale to appellee. Looking to the evidence, there was no error in that part of the. court’s charge which informed the jury that the existence of indebtedness on the part of the estate, at the time the executor sold to appellee, would' confer on the former the power to make the sale; for the indebtedness shown was all such as would confer on the executor the power to-sell. ‘(Appellant, for the purpose of showing that the executor had not applied the money received from appellee to the discharge of the debts of the estate, proposed to prove a settlement made between the executor o'f Howard’s will and the appellant as the administratrix of the estate, of Schlutter, but, on objection, it was excluded. Such evi dence would have been admissible for the purpose of showing that neither the estate of Schlutter, nor the beneficiaries under his will, ever received benefit from the money paid to Howard by appellee, but as the case was disposed of became unimportant; for, in order that ”

   1 later decision quote this exact passage
   e.g. Buckner Orphans Home v. Maben