Erwin v. Erwin’s Empirical Analysis

Citation profile

2 federal appellate · 29 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Such contracts have been enforced frequently by probate courts, whether they provide distribution upon a plan different from that prescribed by the statute of descent and distribution -or the statute1 of wills. (Myers v. Noble, 141 Kan. 432 , 41 P. 2d 1021 ; Hirt v. Bucklin State Bank, 153 Kan. 194 , 109 P. 2d 171 , and cases therein cited.) The modern tendency is to extend the jurisdiction of the probate court in respect to matters incident and ancillary to the exercise of its recognized jurisdiction. (15 C. J. 1012; 21 C. J. S., §§ 301, 304,; In re Osborn’s Estate, 99 Kan. 227, 229 , 161 Pac. 601 ; Myers v. Noble, supra, pp. 436, 437 .)” (p. 707.) (Emphasis supplied.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Foss v. Wiles · Down v. AustenFeld

2. “"In any proceeding pending in the probate court when it appears that a decision upon any question of which the probate court does not have jurisdiction is necessary to a full determination of the proceeding, such question shall be certified by the probate court to the district court, having appellate jurisdiction thereof, which court shall proceed to hear and determine the same as though an action involving that question had been filed originally therein. The decision of the district court, when final, shall be certified to the probate court in like manner as a decision upon appeal.””

   1 later decision quote this exact passage · from the majority
   e.g. Shively v. Burr

3. ““We think the above provisions of the new code clearly indicate the lawmakers intended every claim to an estate or to any portion thereof should be presented to the probate court in order 'to facilitate prompt and orderly distribution of decedent estates. If, in the process of administration, a question arises over which the probate court has no jurisdiction, • the new code provides both the procedure and the remedy.” (p. 708.)”

   1 later decision quote this exact passage · from the majority
   e.g. Burns v. Drake