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← 155 KAN 2 - Cox v. McBroom

Cox v. McBroom’s Empirical Analysis

1942

Citation profile

4
cited by 4 later decisions
2
states following
May 1956
most recently cited

4 state decisions

Relationships

Relies on Reville v. Dubach · Larned v. Larned · Sill v. Sill · Weisner v. Weisner · Pirtle v. Pirtle

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

  1. ““There is also a suggestion, that as the Marley M. McBroom estate was not closed by July 1, 1939, the provisions of the new probate code, which then became effective, are applicable (G. S. 1941 Supp. 59-2602) and that because Melley J. McBroom did not file an election as required by G. S. 1941 Supp. ■59-2233, she renounced the will. It is sufficient here to say that her election to take under her husband’s will was evidenced by her acts and statements done or said prior to July 1, 1939. The record discloses only one incident after that date, and that her election had been made prior thereto.” (p. 6):”
    1 later decision quote this exact passage · from the majority
  2. ““Express proof of a widow’s knowledge of her rights under the statute is not always necessary, as knowledge on her part may be inferred from her acts and declarations, and from the long failure to dissent from the provisions of the will.” (Syl. ¶ 2.)”
    1 later decision quote this exact passage · from the majority
  3. ““Where an election in pais is relied on, the acts done must have been plain and unequivocal, and done with full knowledge of the legal rights of a surviving spouse and the condition of the estate.” (Syl. ¶ 2.)”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.