Faris v. Nickel’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A testator by his will provided: ‘Second: I give, devise and bequeath all of my estate, of every kind and nature whatsoever, to my wife, Katrina Nickel, to have and to hold for and during the term of her natural life, with remainder at her death to my children, in fee simple, forever, the descendants of any deceased child or children to take the parents’ share.’ At the death of the testator he was survived by his widow and nine children. One son died before the death of the life tenant without children, but was survived by his widow. Held, the remainder to the children was vested and as the son died without children his interest passed to his widow as his statutory heir, and that she may maintain partition for her share of the estate.” (Syl.)”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Estate of Paulson · Epperson v. Bennett

2. ““. . . Whether a remainder is vested or contingent depends upon the language employed. If the conditional element is incorporated into the description of, or into the gift to the remainderman, then the remainder is contingent; but if, after words giving a vested interest, a clause is added divesting it, the remainder is vested. Thus ort a devise to A for life, remainder to his children, but if any child dies in the lifetime of A his share to go to those who survive, the share of each child is vested, subject to be divested by its death. But on a devise to A for life, remainder to such of his children as survive him, the remainder is contingent.””

   1 later decision quote this exact passage · from the majority
   e.g. Ghormley v. Kleeden

3. ““A remainder may be vested subject to open, as where land is devised to B for life, remainder to the children of B. If at the death of the testator B has a child C, the remainder is vested in C subject to open and let in other children born to B. In the case before us the remainder is to the children of the testator. As no other children can be born, obviously the remainder does not belong to this species.” (p. 653.)”

   1 later decision quote this exact passage · from the majority
   e.g. Epperson v. Bennett